Theft

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Last updated 5:19 PM on 4/17/26
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8 Terms

1
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Introduction

Blogg says theft is about exploitation

No need harm (Schute) - Circular argument

Simester and silluvan - Criminalised to protect indv from any ‘particular loss they may suffer and safeguard the regime of property law’

2
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AR for theft

Appropriation of property belonging to another

3
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MR for theft

Dishonest

Intention to permanently deprive

4
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Appropriation

What is appropriation

  • Pitham

  • Morris

  • Bana fide purchased not appropriation

Consent

  • Lawrence

  • Morris

  • Gomez

Gift

  • Galaso, Mazo

  • Hinks - ‘disharmony’ - Gardner - Lord Hutton

5
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Property

Statute

Things in action

  • Kahn - Someone’s overdraft

Intangible property

  • Chan-Mi Yeung - Export quotas can be bough and sold

  • Services - no

  • Oxford v Moss - - Information no

Human body parts

  • General rule = no but yes if preservation

  • Kelly

  • Yearworth

Wild animals

  • No

  • Unless in captivity - Zoos

  • Or in process of being hunted/trained

Wild plants

  • No unless for commercial purpose - What matters is purpose at time of picking

6
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Belonging to another

Possession/control

  • Rostron

  • Woodman

Proprietary interest

  • Marshall

Abandoned property

  • True abandoned property cannot be stolen

  • Phillips

  • Rostron

THEFT BY OWNER

  • Turner

  • Meredith

Property given for a specific purpose

  • Hall

  • Wain

7
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Dishonesty

No definition

Statute says what is not dishonesty

  1. Belief in legal ownership - Terry, Muhmad (no need to be reasonable, just genuine)

  2. Belief in consent - Holden

  3. Belief in ability to find owner no matter what

Old test - Ghosh - Too subjective

  1. Was what D did dishonest according to ‘reasonable and honest’ people?

  2. Did D realise he was dishonest

New test - Iver

  1. What were the facts known to D (subjective)

  2. Taking the facts as context, was what D did dishonest to ordinary, reasonable people? (objective)

Critique - Too much jury discretion

How can they know what is dishonest - 8.9% didn’t even pay TV license (2021/22)

8
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Intention to permanently deprive

Borrowing is not theft, unless

  • Acting as owner without regard to the owners rights - Raphael, Velumyl, Mitchell

  • Outright taking - Lloyd, SJ

  • Conditional intention - Attorney General’s reference (No. 1 and 2), Easom