Theft

Theft – s1 Theft Act 1968

• A person is guilty of theft if he dishonestly appropriates property belonging to another with intention of permanently depriving the other of it.

Actus Reus

S3 Appropriation: The assumption of any rights of the owner (Morris, Gomez)

• Where consent was induced by dishonesty, it would be deemed irrelevant thus an appropriation can take place. (Lawrence) No need for adverse interference (Gomez)
• Appropriation is a “neutral word” – there is no difference between cases where consent was induced by fraud r any circumstances. All are assumption by gift  (Hinks)
• Can be a later assumption of a right s3(1), where D decides to keep or deal with property in breach of owners rights.
  

S4 Property: Includes money and all other property, real or personal, things in action or intangible property

• Body parts are property if altered by the application of skill (Kelly and Lindsay)
• S4(1) land cannot be stolen
• S4(2) unless by trustee or tenant or by severing property from land
• S4(3) Wild mushroom, fruit, flowers and foliage cannot be stolen unless done for commercial purpose or financial gain
• S4(4) Wild animals cannot be stolen unless reduced to possession (tamed or in captivity)

S5 Belonging to another: belongs to any person who is in  “possession or control” or having in it any proprietary rights. (Woodman) Even if they are not aware of property being there. Thus  (Turner No.2) can steal his own car.

• S5(3) Property received under an obligation to be dealt with in a particular way belongs to “other”
• Must be in a particular way (Hall)(Klineberg v Marsden)(Wain)(Davidge  v Bunnette)
• S5(4) Property received by mistake there is an obligation to make restoration. Thus belongs to “other” (A-G’s Reference (No.1 of 1983) 1985)

Mens Rea

S2 Dishonesty: use (Ghosh) test

• Is it dishonest by reasonable standards? (reasonable honest man)
• If so, did D know it was dishonest by those standards?

S2(1) not dishonest if D genuinely believes

1. He had a right in law (Robinson)
2. Would have other’s consent
3. Owner cannot be reasonably discovered

S2(2) can be dishonest even if intends paying for property

(s6) Intention to deprive permanently

• The goodness or practical value must have gone from property (Lloyd)
• Treat the thing as his own or dispose of regardless of the other’s right (Lavender)
• Must pay with original banknotes (Velumyl)
• If has conditional intent, not guilty of theft but attempted theft (Easom, A-G’s Ref No.1 and 2)

If offers to return but subject to a condition which is inconsistent with V’s right to possession of his own property  intent present (Raphael and another)