Offences Against the Property

Theft Section and Definition

s.1 Theft Act 1968

Dishonestly appropriating property belonging to another with the intention to permanently deprive.

Dishonesty (s.2)

Not dishonest if D believes:

• they have a legal right

• the owner would consent

• the owner can’t be found

Ivey Test

1. What was the defendant’s actual state of mind regarding the facts?

2. Was their conduct dishonest by the standards of ordinary decent people?

Appropriation (s.3)

Any assumption of the rights of the owner.

Appropriation Cases

🧷 R v Morris – Switching price labels = appropriation.
🧷 R v Gomez – Consent doesn’t stop appropriation.
🧷 R v Hinks – Even accepting a gift can be appropriation.

Property (s.4) includes

Includes:

money

personal property

real property

things in action

intangible property.

Property (s.4) excludes

Excludes: wild flowers (unless for sale), information (Oxford v Moss).

Belonging to Another (s.5)

Anyone having possession, control or proprietary interest.

Belonging to Another (s.5) case law

🧷 R v Turner (No.2) – Stealing your own car from a garage = theft.
🧷 R v Davidge v Bunnett – Using gas bill money on presents = theft.

Intention to Permanently Deprive (s.6) case law

🧷 R v Velumyl – Taking money with plan to return different coins = theft.
🧷 R v Lloyd – Borrowing a film and returning it intact = not theft.

ROBBERY – s.8 Theft Act 1968 definition

Theft with use or threat of force immediately before or at the time of theft, in order to steal.

ROBBERY – s.8 Theft Act 1968 cases

🧷 R v Dawson and James – Even small force (e.g. nudging) counts.
🧷 R v Hale – Force used during theft can still count.
🧷 R v Lockley – Force used to escape = still robbery if theft continues.

🔓 BURGLARY – s.9 Theft Act 1968 - s.9(1)(a)

Entry with intent to:

• Steal

• Inflict GBH

• Do unlawful damage

🔓 BURGLARY – s.9 Theft Act 1968 - s.9(1)(b)

Entry and then commits/attempts:

• Theft

• GBH

Entry case law

🧷 R v Ryan – Entry can be partial if effective.

Building or part of a building case law

🧷 B and S v Leathley – Freezer container used for storage = building.
🧷 Norfolk Constabulary v Seekings and Gould – Lorry trailer with wheels = not a building.

Trespasser case law

🧷 R v Collins – Invitation must be genuine to avoid trespass.
🧷 R v Smith and Jones – Going beyond permission = trespass.

Max theft sentence

7 years

Max robbery sentence

Life

Max burglary sentence

10 - non dwelling

14 - dwelling