Theft

The actus reus and mens rea notes of theft

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Theft- definition

  • Section 1 Theft Act 1968
  • Dishonestly appropriating property belonging to another with the intention of permanently depriving the other of it
  • Actus Reus- Appropriation, property and belonging to another
  • Mens Rea- Dishonesty and intention to permanently deprive
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Appropriation

  • Section 3 of the Theft Act 1968
  • Assumption by a person of the rights of another this can include; stealing, altering condition, lending out and damaging it.
  • R v Pitman and Hehl
  • Consent; Lawrence, Morris, Gomez
  • Gifts; R v Hinks- 'good faith' Section 3(2)
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Property

  • Section 4 of the Theft Act 1968
  • Money and all property Real or personal, including things in action and all tangible property'.
  • Real Property-Section 4(2) Theft Act 1968
  • Personal Property- R v Kelly and Lindsay
  • things in action and Intangible
  • Things that cannot be stolen; corpse, information, electricity, wild animals, flora and fungi
  • Information is illustrated by R v Oxford and Moss
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Belonging To Another

  • Section 5(1) Theft Act 1968
  • Property shll be regarded as belonging to any person having possession or control over it, or haveing any propietary right or interest'
  • R v Turner- Guilty of stealing own property
  • Section 5(3)- where a person recieves property from another and is under obligation to retain and deal with it or its proceedings in a praticular way- Davidge and Bunnet
  • Section 5(4)- Where a person gets property by anothers mistaking and is under obligation to return it- AG's ref
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Dishonesty

  • Section 2 Theft Act 1968
  • defedants intention is to treat the property as his own to dispose of regardless of the owners rights or where the defendant borrows property for a period making it equivalent to an outriget taking or disposal... section 2(1), 2(2)
  • R v Ghosh- objective; dishonest to the standards of a resonable man.
  • Subjective- realise he was dishonest
  • R v Feely- jurys job to decide dishonesty.
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Intention to Permanently Deprive

  • Section 6 of the theft act 1968
  • Taking someone else's property with no intention to give it back, merely borrowing it without giving back does not amount to theft.
  • Treat property as own to dipose of- R v Chan-man- son v AG for Hong Kong
  • Borrows property for along time amoutning to outright taking or diposal- R v Llyo... Supporting case T b Lavender
  • Conditional intent- R v Easom
  • Intention to return similar property- R v Raphael
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