Offences against Property

What’s the introduction Paragraph for theft?

Prima facie, the D could be criminally liable for the offence of theft [state what’s been taken]. Theft is defined under s1 Theft Act 1968 as “ dishonest appropriating property belonging to another with the intention of permanently depriving the other of it”.

The AR is set out in section 3-5 and the MR in sections 2 and 6

what’s the appropriate paragraph for theft?

firstly, the D must have appropriated the property. This is defined in S3 (1) as “ any assumption of the rights of the owner” and can take many forms such as consuming, possessing/using, lending/hiring, selling or destroying. From the case of R v Morris the D does not need to assume all of the right of the owner, one right is sufficient.

Key cases:

• Selling property- R v Pittham and Hehl

• Consent with deception- R v Gomez

• Consent without deception- R v Hinks

What is the property Paragraph for theft?R v predetermined

S(4) states that property “ includes money and all other property real or personal including things in action and other intangible property”.

Key cases:

• Money R v Velumyl

• Real property- S4 (2) a person can’t steal land unless:

  → a trustee who takes land in breach of his duty to look after it for someone

  → if someone takes up/removes part of land

  → if a tenant (who’s renting land) takes a fixture from land they’re renting

• Personal property- anything that is tangible R v Lindsay and Kelly

• Things in action- something with no physical value but is valuable based on the rights of the owner has R v Preddy

• Intangible property- property that doesn’t physically exist Oxford v Moss

• S4 (3)- wildflowers, fruit or foliage can’t be stolen unless it is for the purpose of selling them

• S4 (4)- wild animals cannot be stolen unless the aim is to tame them and sell them as property

what is the paragraph for belonging to another for theft?

The appropriate property must belong to another. Under S5 (1) “ property shall be regarded as belonging to any person having possession or control of it or having any proprietary rights or interest”.

Relevant cases:

• Possession or control of property- R v Turner

• Proprietary right or interests- R v Marshall

• Property which appears to be abandoned- R v Rostron

• Property received under obligation- Davidge v Bunett

• Property received by mistake- AG Ref no1

What is the MR paragraph of dishonesty for theft?

The MR of that would now need to be considered. Firstly, S2 of the theft act doesn’t give a definition for dishonesty but does provide 3 honest exceptions when the D would not have been acting dishonestly. S2 (1)(a) the D has an honest belief that they have a right in law to deprive the other of the property R v Robinson. S2 (1)(b) the D had an honest belief that The V would have consented if they knew of the appropriation and the circumstances R v Flynn or S2 (1)(C) the D had an honest belief that the person to whom the property belongs to cannot be discovered by taking reasonable steps R v Small

APPLY

If none of the honest exceptions apply then as confirmed in R v Barton and Booth the IVEY test should be applied;

• Was the defendants conduct dishonest according to the standards of ordinary and reasonable people?

What’s the permanently deprived Paragraph for theft?

Finally, it must be proven that the D this honestly appropriated with the intention of permanently depriving them of it. S6 (1) state that this intention can be found when someone treat the property as their own to dispose of DPP V Lavender

Relevant cases :

• swapping- R v Velumyl

• Borrowing- R v LLoyd

• Not permanently deprived- doesn’t matter if the D doesn’t actually permanently deprive the victim of the property as long as they intended to R v Vinall/ R v Fernandez

• Conditional Intent- R v Easom

What is the conclusion Paragraph for theft?

in conclusion, the D will/will not be found guilty of theft. If convicted, as theft is a tribal either way offence, the D could face up to a maximum of seven years imprisonment as stated in S7