- Created by: rachel
- Created on: 13-06-14 12:26
S1(1) Theft Act 1968- a person is guilty of theft if he dishonestly appropriates property belongting to another, with the intention of permanently depriving it.
Appropriation- S3- Any assumption by a person of the rights of an owner. This can be through selling/renting/destroying/consuming property etc.
Morris- swapping price labels in a shop was appropriation.
Lawrence v MPC- even though V consented, D was dishonest about the appropriation.
Hinks- appropriating a valid gift dishonestly can lead to appropriation.
S3(1)- covers situations where D has come across the property innocently (without stealing it), any appropriation of a right to it by keeping or dealing with it as the owner.
Property-S4- S4(1)- money, real/personal/intangible property, things in action.
S4(2)- Land can be stolen in certain ways.
S4(3)- wild plants/flowers etc cannot be stolen, unless taken for commerical/sales purposes.
S4(4)- wild animals cannot be stolen unless they are tamed, kept in captivity or reduced to a person's possession.
Kelly and Lindsay- a corpse does not amount to property.
Welsh- Bodily fluids can be stolen.
Oxford v Moss- information cannot be stolen.
Akbar- D actually took exam papers, amounted to property.
Belonging to another-S5-S5(1)- means having 'possession or control' of the property.
Turner- It is possible to steal your own property if it is under someone else's possession and control.
Williams v Phillips- Households threw out rubbish, still theirs until in possession of the council.
S5(3)- If D recieves property and is under legal obligation to use it in a particular way, that property will still be treated as belonging to the giver.
Davidge v Burnett- Money belonged to housemates, not to D.
S5(4)- If D recieves money by mistake and is under legal obligation to return it, that property still belongs to the party who made the mistake.
Att.G (No 1 of 1983)- under obligation return money to employer.
Gilks- Betting transactions do not create legal obligations.
-S2(1)(a)-D is not dishonest if he belives he has a legal right to the property-Robinson.
S2(1)(b)- D believes the other party would have consented under the circumstances-Holden.
S2(1)(c)- D believes the owner cannot be discoevered even by taking reasonable steps-Small.
Ghosh test- Was D's act dishonest by the ordinary standards of reasonable and honest people? And did D realise this.
S2(2)- Even if you are willing to pay for the property, this does not mean you are acting honestly.
Intending to permanently deprive-S6-Intention to treat the property as your own to dispose of (ie. deal with regardless of owners rights).
Lavender- Treated council's property as his own.
Velumyl- D didn't return the exact money.
Warner- D only borrowed the property. S6(2)- Borrowing does not count unless property kept for such time and in circumstances which make it equivalent to outright taking.
Lloyd-could amount to intention to permanently deprive if the 'goodness, virtue and value' has been taken away from the property.
Easom- conditional intent is sufficient intent.