Theft

Where is theft defined?

S1 Theft Act 1968

What is the definition of theft

“dishonestly appropriates property belonging to another with the intention to permanently deprive.”

How many stages are there for this offence?

5

What is the first stage? (S3 TA 1968)

AR : There must be an appropriation - “any assumption of the rights of an owner” 

What is a case for the appropriation aspect of the actus reus?

Morris

What is the second stage? (S4 TA 1968)

AR : The item appropriated must be property - “money and all other property, real or personal things in action and other intangible property”.

• Information isn’t property (Oxford v Moss) and corpses aren’t property (Kelly).

What is the third stage? (S5 TA 1968)

AR: The appropriated property must belong to another - property

belongs to any person with “possession or control or any proprietary interest in it.”

• Abandoned property does not have an owner (Basildon).

What is the fourth stage? (S2 TA 1968)

MR : Dishonesty - Under the Ivey v Genting test, a person is dishonest if they were dishonest according to the ordinary standards of reasonable and honest people (objective test).

• This replaces the old Ghosh test and is fairer.

What is the fifth stage? (S6 TA 1968)

MR: Intention to permanently deprive - D must intend to permanently deprive the victim of their property (DPP v J; DPP v Lavender).

• Borrowing doesn’t count (R v Lloyd), but if money is borrowed, the exact same notes must be returned (R v Velumyl).

What are cases for appropriation?

• Morris - switching labels is appropriation 

• Gomez - still appropriation if consent was obtained via deception

• Hinks - even accepting a gift can count as theft is done dishonestly

Can theft be proven if any of the elements are missing?

No

What is a case for property?

• Oxford v Moss - confidential information isn’t property

What is a case for “belonging to another”?

• Turner - stealing your own car from a garage can be theft 

• Woodman - something can belong to someone even if they don’t know that it’s there 

• Bennett - using flatmates money for bills on something else can be theft 

What is a case for dishonesty?

• Ghosh - old test (subjective and objective)

• Ivey v Genting - purely objective test : Would the defendant’s conduct be dishonest by the standards of ordinary decent people?

What are cases for “intention to permanently deprive”.

• Velumyi - borrowing money and not returning the same notes is theft

• Lloyd - borrowing a film and not returning it in the same condition is NOT theft

• Lavender - stealing doors from council is theft

What stops something from counting as dishonesty?

• you believe you have a right to the property 

• you believe the owner would consent to

• you believe the owner can’t be found with reasonable steps