Theft

What is Theft?

Dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it

What Act is is Theft under?

Theft Act 1968

What Type of Offence is Theft?

Tri-able either way

What is the Maximum Sentence for Theft?

7 years imprisonment

What is the Actus Reus of Theft?

Appropriation of property belonging to another

What is Appropriation?

(S3) Any assumption of the rights of an owner

R v Morris

No need to assume all of the owners’ rights as long as at least one is assumed

DPP v Gomez

You can consent to an appropriation

R v Hinks

Gift can amount to appropriation

What is Property?

(S4) All money and all other property, real or person, including things in action and other tangible property

What does not count as Property?

Wild plants (unless for reward/commercial purpose)

Wild animals (unless kept in captivity/tame)

What is Belonging to Another?

(S5) Any person having possession or control of it, or having in it any proprietary right or interest

R v Turner

You can steal your own property

In what situations does Property not Belong to Another?

1. Property received under obligation belongs to the original owner (e.g. money given to pay joint bill) (Davidge v Bunnett)

2. Property received by mistake (Attorney General’s Reference No1 of 1983)

What is the Mens Rea for Theft?

Dishonesty and Intention to permanently deprive the other of it

How do you prove Dishonesty?

Ivey and Barton Test

1. What was D’s actual state of knowledge or belief as the facts? (objective)

2. Was his conduct dishonest by the standards of ordinary decent people? (subjective)

What are the Exceptions to Dishonesty?

S2(1)

1. Believed to have a right in law to deprive owner of property

2. Believed to have owner’s consent if they knew the circumstances

3. Believed the owner cannot be discovered by taking reasonable steps

What is Intention to Permanently Deprive?

If his intention is to treat the thing as it own to dispose of regardless if the owner’s rights

R v Lloyd

Borrowing can amount to permanently depriving if “returned thing in such a changed state that all its goodness or virtue is gone”

R v Velumyl

If intention is to return similar property, there can still be an intention to permanently deprive

R v Easom

Conditional intent is not sufficient MR for theft, something more be stolen (or the condition must be satisfied)

What are All the Cases for Theft? (Clue: 10)

1. R v Morris

2. DPP v Gomez

3. R v Hinks

4. R v Turner

5. Davidge v Bunnett

6. Attorney General’s Reference (No1 of 1983)

7. Ivey and Barton Test

8. R v Lloyd

9. R v Velumyl

10. R v Easom