Theft

Theft Act 1968

S3 - Appropriation

S4 - Property

S2 - Dishonestly

S5 - Belonging to Another

S1 - Definition

S6 - Intent to Permanently Deprive

Actus Reus = S3, 4 & 5

Mens Rea = S2 & 6

S1 - Definition

A person is guilty of theft if he dishonestly appropriates poverty, belonging to another with the intention to permanently deprive it.

  • Triable-Either-Way Offence (Mags/Crown)
  • Max of 7 Years prison

Actus Reus - S3, 4 & 5

Property (S4)

Belonging to Another (S5)

Appropriation (S3)

Assumption by a person of the rights of an owner amounts to an appropriation

  • Any act whereby the defendant threats the goods as his own
  • Rights of an owner:
    • Damage / Destroy
    • Hire / Lend out
    • Sell it
    • Modify it

CASES

Appropriation

Appropriation with Consent

Appropriation as a Gift

Appropriation

Lawrence

  • Foreign student didn't know how much to pay taxi driver, he took much more money out of his wallet than he should have

Morris

  • D switched supermarket labels so he could pay for goods at a lower price

Pitham & Hehl v R

  • D sold items belonging to V

Hinks

  • D took advantage of elderly man with limited knowledge - as a gift he sent £300 each day - she accumulated around £60,000

'Property includes money and all other property, real or personal, including things in action and other intangible property'

  • Money
  • Movable Items (Paper to plane)
  • Real Property (land)
  • Things in Action (Right that can be enforced on another by an action in law)
  • Intangible Property (No physical presence)

A person cant steal land or things forming part of land and severed from it by him or by his direction unless:

  • Foraging a wild food is legal (unless sold on)
  • Catching a wild animal is legal (unless a pet or from a zoo)

CASES

Property (Confidential Info)

Property (Intangiable)

Property (Body)

Oxford v Moss
-Student borrowed and copied an exam paper (not charged with theft as he didn't have intent to permanently deprive)

  • Confidential information isn't property and has no offence of theft

Marshall

  • D resold London Travel Cards, property of London Underground (intangible) - used by travellers as a right to travel

Kelly

  • D took body parts from the Royal College of London without permission and without intent to return
  • Was property of the college as they had modified it and it was acquitted legally

Property is regarded as belonging to any person having possession or control of it, or having any proprietary right or interest

CASES

Turner

  • Took back his car form the garage that had possession of it for his repairs (garage had possession of the car)
  • Property is regarded as still belonging to another person where the one receiving it is under an obligation to deal with it in a particular manner