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Theft - S.1 Theft Act 1968 - Coggle Diagram
Theft - S.1 Theft Act 1968
Definition- The dishonest appropriation of property which belongs to another with the intention to permanently deprive
If one of these 3 things aren't there then you can't be liable for theft
Actus Reus
Apropriation - S.3 - The defendant must appropriate another persons property
The Assumption of any of the rights of the owner
you only have to assume one right
Morris
It can occur with or without consent of the owner
Lawrence V MPC
Therefore it can include a gift
Hinks
Not every appropriate is theft, it can occur where the D comes by property innocently and assumes the rights later
S.3(1)
Property - S.4
It includes: Money, Real or Personal Property and it can be Tangible or Intangible (a thing in action e.g stocks and shares)
It doesn't include it's body parts unless you can argue it has a value
Kelly & Lyndsey
Confidential Information isn't property
Oxford V Moss
Not Wild Mushrooms or wild flowers unless for reward or sale
S.4(3)
Not Wild Animals unless they are held in Captivity or reduced into possession
S.4(4)
Belonging to Someone Else - S.5
Includes anyone in possession or in control of it at the time of the appropriation, or anyone has a legal right or interest in it
Turner No.2
Still belongs to another even if the D in possession at the time of the appropriation if given for a specific purpose
S.5(3) - Davidge & Burnett
Or given by mistake
S.5(4) - Webster
Only if truly abandoned, it will not belong to anyone and it will not amount to theft
Mens Rea
S.2 Dishonesty
S.2(1)(a). The Defendant honestly believes that he has a legal right to the property
S.2(1)(b) - The Defendant honestly believes he has the owners consent if they were aware of the circumstances.
Holden
S.2(1)(c) - He honestly believed the owner of the property couldn't be discovered by taking reasonable steps
Small
If the Jury don't believe any of these 3 things exist they must use They Ivey Test
Was the D's conduct dishonest according to the standard of a reasonable honest person
Barton V Booth
Intention to Permanently Deprive - S.6
The D doesn't necessarily have to succeed in taking it, he must intend to do so.
Where IPD isn't obvious the facts, according to S.6 it can be implied where there is evidence where the D intended to treat the thing as his own to dispose of regardless of the owners rights
Lavender - Veluym
Borrowing and Lending can be equivalent to an outright taking where most of the goodness is gone
Bagshaw
If it's a season ticket or a bus/rail pass most of the goodness isn't all gone therefore it's not theft