Law - Property Offences

Includes Theft, Robbery and Burglary

Theft Act and Section

Theft Act 1968 s.1

Appropriation

Any assumption by a person of the rights of an owner amounts to appropriation

Pitham and Hehl

D offered to sell furniture belonging to another man. Court decided appropriation was complete as D had assumed rights of the owner

Morris

D changed price of item in the supermarket but did not get through the checkout. Assuming any one right of the owner is enough.

Later appropriation

D has come by the property innocently or not without stealing it, and later assumes the right to it by keeping or dealing with it as owner - s.3(1)

Lawrence

Journey should have costed 50p, D charged £7 from student’s open wallet. Court decided amounted to theft.

Hinks

The £60,000 that D received from the victim was an appropriation regardless of it being a gift (which would be valid in civil law)

Property

Defined in s.4: Property included money and all other property real or personal including things in action and other intangible property.

Oxford v Moss

Confidential information cannot be stolen - D took an exam paper, read the questions, then returned it. D could not be charged with theft of the information on the paper.

S.4(3)

Fungus, flowers, fruit and foliage cannot be stolen, provided they are growing wild and not picked for reward or sale.

s.4(4)

Wild creatures cannot be stolen provided they are not tamed or in captivity.

Belonging to another

defined in s.5: property shall be regarded as belonging to any person having possession or control over it, or having any proprietary right or interest.

Turner

D took his own car from a garage without paying repair fees. Found guilty of theft as garage had possession of the car and the right to retain it.

Woodman

It is possible to be in possession or control without knowing it. D was convicted of theft of scrap metal left by a buyer, despite the company not knowing there was any scrap left.

Ricketts v Basildon Magistrates’ Court

D took clothes outside a charity shop. Guilty of theft, as the clothes still belonged to the giver until the charity shop took possession of them and the bags in the bin remained property of the charity shop until collected by waste services.,

Webster

D was awarded an extra medal by accident. Ministry of Defence still retained a proprietary interest so it was theft when D tried to sell it on ebay.

Hall

Travel agent took deposits for air flights, but then went bankrupt. D’s obligation was not clear, so was not theft when he was unable to return the money.

Klineberg

D took payment for a time-share apartment to be paid into a trust company until the apartment was built. D’s obligation to pay was clear, so he was guilty when he failed to do this.

A-G’s Reference (No.1 of 1983)

D was overpaid by employers. Court decided D was legally obliged to repay the money under s.5(4), even though she had taken ownership of it when it was paid into her bank.

Small

Car had been left for two weeks with the doors unlocked and keys in the ignition. D not guilty of theft as property had been abandoned.

s.2(1)(a)

D is not dishonest if D believes he has a legal right to deprive the other

s.2(1)(b)

D is not dishonest if D believes in the other’s consent

s.2(1)(c)

D is not dishonest if D believes the owner cannot be found by taking reasonable steps

Holden

D not guilty as he believed he had a right to take home scrap tires.

Barton & Booth

1. what was the defendant’s actual state of knowledge or belief as to the facts?

2. was his conduct dishonest by the standards of ordinary decent people?

Velumyl

D guilty as he did intend to permanently deprive his employer of the original notes and coins.

Lavender

Intention to permanently deprive as D’s intention was to treat the doors as his own to dispose of regardless of the rights of the council.

Lloyd

D took a film overnight, made an illegal copy and replaced it the next day. The circumstances were not equivalent to an outright taking as the practical value had not gone out of the property.

Easom

Court decided that a conditional intention to deprive is not enough for theft, but D could be charged with an attempt to steal some or all of the contents.

Robbery Act and Section

s.8 Theft Act 1968

Robinson 1977

Man owed D’s wife money. D threatened the man and took some of the owed money. If D held an honest belief that he had a right in law to take the money, he would not be dishonest.

Corcoran

D had possession of the bag at one point so theft was complete.

Dawson & James

Only a minimal amount of force is required, provided it is on the person. Nudging in order to steal amounted to force.

Clouden

D wrenched a shopping basket from V’s hand. using force on the bag was effectively using force on the victim.

B and R v DPP

No need for V to actually feel fear, so long as D intended to put V in fear of force.

Hale

Ds used force on V before and after the theft. The act of appropriation can be considered continuing, so robbery is complete.

Lockley

D stole beer and then used force on the shopkeeper to escape. Theft was still ongoing at the time force was used.

Vinnall

Force was not used in order to steal so there was no robbery, but two separate offences: an assault and a theft.

Burglary Section and Act

s.9(1) Theft Act 1968

Brown

D leaning in through a smashed window, entry only had to be “effective”

Ryan

D was trapped half inside a building, trying to enter. There was evidence on which the jury could find that D had entered, even though it was ineffective

B and S v Leathley

Freezer container used for over 2 years and with en electricity supply was held to be a building

Norfolk Constabulary v Seekings and Gould

Because the trailer had wheels, it remained a vehicle.

Walkington

D went into the counter of a shop - amounted to entry of “part of a building” as the area was not permitted to customers

Collins

To trespass, you must know you are a trespasser - D was invited in (mistakenly) by V so was not a trespasser.

Smith and Jones

A person is a trespasser if he enters premises knowing that he is entering in excess of the permission that has been given to him to enter. D was guilty of burglary as at the moment he entered he intended to steal.