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Theft (s.1(1) Theft Act 1968) (AR (Property (A person cannot steal land or…
Theft (s.1(1) Theft Act 1968)
AR
Appropriating
s. 3(1)
Assumption of the rights of the owner
Only one right is sufficient (
R v Morris
)
Allows for later appropriation
Property
Includes real and tangible property as well as money s. 4(1)
A person cannot steal land or things forming part of the land s 4(2)
Except if severed from land that is not theirs s 4(2)(b)
Picking wild things is fine unless for a commercial purpose s 4(3)
Wild creatures are property but if untamed cannot be stolen unless reduced into possession of a person s 4(4)
Belonging to another
If legal ownership has already passed
s 5(3)
Legal obligation to retain and deal with in a particular way
Can occur in non-commercial situation (
Davidge v Bunnett
)
Possession or control 5(1)
Possible to control property in private area without knowing it is there (
R v Woodman
)
Public areas require communication of intention to control things found on land (
Parker v British Airways Board
)
Has it been abandoned
Courts reluctant to hold abandonment (
Williams v Phillips
)
Can steal own property (
R v Turner
)
MR
Dishonestly
Exceptions s 2(1)
believes has a right in law s 2(1)(a)
believes owner would have consented s 2(1)(b)
Honest belief (
R v Robinson
)
believes owner would be impossible to find s 2(1)(c)
Ivey v Genting
test
What was D's state of knowledge/belief as to facts surrounding actions
Was D dishonest by the standards of ordinary decent people
Intention to permanently deprive
Ordinary meaning (
R v Lloyd
)
Treating it as her own to dispose of regardless of other's rights s 6(1)
Rendering useless count as disposal (
DPP v J
)
Ransom seen to be disposal (
R v Raphael; R v Waters
)
Destroy (
R v Cahill
)