Criminal Law - UNIT FIVE

theft and fraud

What is the definition of theft in s 1(1) Theft Act 1968, and how does it split into AR and MR?

AR: appropriation of property belonging to another.

MR: dishonesty and intention to permanently deprive

What is 'appropriation' under s 3(1), and can it happen with the owner's consent (DPP v Gomez)?

Any assumption of the rights of an owner; yes, it can occur even with consent

R v Hinks: what does it decide about gifts?

Receiving a valid gift can still be an appropriation, provided the defendant acted dishonestly

R v Briggs [2004]: when is a defendant NOT guilty of theft because of the way the property was transferred?

When the defendant deceived the victim into transferring the property themselves, as the defendant did no act of appropriation. The proper charge is fraud

Multiple appropriations and R v Atakpu [1994]: what is the rule?

A defendant can't steal the same property twice; where it's unclear, the jury decides whether the appropriation was continuing while D was still 'on the job'

s 3(2) (innocent purchaser for value): when is a person not liable for theft despite later dishonesty?

They acquired the property in good faith and for value, e.g. they bought it. A gift does not qualify

What is 'property' under s 4(1), and what are 'things in action'?

Money and all other property: real, personal, things in action and other intangibles. Things in action are rights enforceable by legal action, e.g. a bank balance or overdraft

Land can only be stolen in three situations under s 4(2). Which?

A trustee/personal representative disposing of land in breach of trust, a non-possessor severing part of it, and a tenant taking fixtures or structures

s 4(3): when is picking wild plants theft?

Only if done for reward, sale or other commercial purpose

Which cases show that electricity and confidential information can't be stolen?

Low v Blease (electricity); Oxford v Moss (exam paper information)

Edwards v Ddin [1976]: why is driving off without paying for petrol not theft?

Ownership passes when the petrol is put in the tank, so it no longer belongs to another when D forms dishonest intent. Other offences (e.g. making off without payment, fraud) and civil claims remain

What must be shown for s 5(3) (property received under an obligation) to apply?

D received property from or on account of another, was under a legal obligation to retain and deal with it (or its proceeds) in a particular way, and breached that obligation

s 2(1) TA 1968: which three beliefs mean D is not dishonest?

Belief in a legal right to the property; belief the owner would consent; belief the owner cannot be discovered by taking reasonable steps

Which of these does NOT prevent dishonesty under s 2?

Being willing to pay for the property, or a moral (not legal) belief that you're entitled to it

What is the Ivey v Genting Casinos [2017] test for dishonesty?

Ascertain D's actual state of knowledge or belief as to the facts, then ask whether the conduct was dishonest by the standards of ordinary, decent people

In which order do you approach dishonesty in a problem question?

Is it clearly dishonest (e.g. shoplifting)? If not, check s 2 TA 1968, then the Ivey test

s 6(1): when is D treated as intending to permanently deprive?

When D treats the property as their own to dispose of regardless of the owner's rights, including borrowing for so long it amounts to an outright taking

R v Velumyl [1989] and R v Marshall [1998]: what do they show about ITPD?

Velumyl: taking money intending to repay is still ITPD (the specific notes and coins are taken).

Marshall: selling tickets for profit treats them as D's own, disregarding the owner's rights

s 6(2): D takes a roommate's watch and pawns it, hoping to redeem it before the roommate notices. Is this ITPD?

Yes. Parting with property under a condition as to its return that D may not be able to perform is treated as ITPD, even if D hopes to return it

What are the three ways to commit fraud under the Fraud Act 2006?

s 2 false representation; s 3 failing to disclose information; s 4 abuse of position

Fraud by false representation (s 2): what are the AR and MR?

AR: making a false representation. MR: knowing it is or might be untrue or misleading, dishonesty, and intent to make a gain or cause loss or risk of loss

s 2(2): when is a representation false, and how can it be made?

If it is untrue or misleading and D knows it might be. It can be express or implied (words or conduct), and can be made to a machine

DPP v Ray and R v Lambie: what implied representations do they illustrate?

Ray: sitting down to eat in a restaurant implies you intend to pay (continuing representation).

Lambie: presenting a credit card implies you have the bank's permission to use it

s 3: fraud by failing to disclose information. What is the AR and the source of the duty?

Dishonestly failing to disclose information D is under a legal duty to disclose. The duty can arise from statute, contracts of good faith, trade custom, or fiduciary relationships

s 4: fraud by abuse of position. What must be proved, and which case on omissions?

D occupies a position in which they are expected to safeguard (or not act against) another's financial interests, dishonestly abuses it, and intends gain or loss.

The abuse can be an act or omission (R v Rouse [2014])