Paper 1: Theft

Theft Act 1968

What act is theft part of?

s.1 - Theft definition

A dishonest appropriation of property belonging to another, with the intention of permanently depriving the other of it.

s.2 - Dishonesty

- Situations when honest

- s.2(2)

- Is D dishonest?

Situations when honest

- Believe have the right to appropriate goods

- Believe owner would consent

- Believe cannot find owner, even if take reasonable steps to find them

Dishonesty in exams

Consider whether D might be honest, then move on to dishonesty.

s.2(2) - Dishonesty

It is possible to make a dishonest appropriation, even if D is willing to pay.

Purpose of s.2(2)

Prevents D from taking whatever they like, regardless of the owner's wishes.

Is D dishonest?

Applied using Ivey test

Ivey test

Was D dishonest by the ordinary standards of honest and reasonable people?

If yes, then D is dishonest.

s.3 - Appropriation

Any assumption of rights of the owner.

Can come by it innocently and later assume rights of owner.

Appropriation cases

- Morris

- Hinks

- Gomez/Lawrence

Morris

Appropriation means acting like the owner

Hinks

Can still be a dishonest appropriation even if it's a gift

Gomez/Lawrence

Can have theft with consent, no deception needed

s.4 - Property

- Money

- Real

- Personal

- Things in action

- Intangible property

- Things that cannot be stolen

Oxford v Moss

Knowledge cannot be stolen

Real property

Land/buildings

Personal property

Things that belong to someone, movable/can touch

Intangible property

Things you cannot hold, e.g. shares

A thing in action

Debts/bank balance/overdraft facility/parking ticket/credit card

Things that cannot be stolen

- Land unless sever something

- Wild flowers/fruit

- Knowledge (Oxford v Moss)

s.5 - Belonging to another

- Possession and control OR has retained a proprietary interest

- s.5(3): Obligation

- s.5(4): Mistake

Belonging to another cases

- Turner

- Webster / s.5(4)

- Woodman

- Williams v Phillips

- Davidge v Bunnet / s.5 (3)

Turner

Can steal OWN property if it's in someone else's possession/control.

Woodman

Can be in possession and control and not know it

Williams v Phillips

Abandoned property belongs to whoever removes it.

Webster / s.5 (4)

If get something by mistake, the person who sent it has a proprietary interest.

Davidge v Bunnet / s.5 (3)

If have property in your possession or control under an obligation, then it belongs to the person who gave it you.

s.6 - Intention to permanently deprive

- s.6 (1)

- Lloyd

- DPP v J

- Velumyl

- Lavender

- Easom

- Raphael

s.6 (1)

- Treating the thing as their own to dispose of, regardless of the other's rights

- Borrowing is equivalent to an outright disposal

Lloyd

Borrowing is not theft unless returned with all goodness, virtue and practical value gone

DPP v J

Taking, breaking and returning is outright disposal

Velumyl

Spending money even if plan to return is permanent deprivation of that money

Lavender

Depriving owner of right to treat as own

Easom

Conditional intent: Cannot be guilty if D decides there is nothing worth stealing and replaces it

Raphael

In a ransom situation, D has intention to permanently deprive.