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Theft Notes

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OFFENCES AGAINST PROPERTY - THEFT

1. Elements of offence - D is guilty of theft if he -
a. Appropriates b. Property c. Belonging to another d. Dishonestly e. With an intention permanently to deprive

2. Appropriation a. S.3(1) - any assumption by a person of the rights of an owner amounts to an appropriation b. HoL
i. Appropriation if D assumes any of the rights of the owner (Lawrence, Gomez)

1. Offer it for sale or destroy it for e.g., but must be something only owner has the right to do ii. Non-consent from V not necessary - and in fact V's state of mind is irrelevant as to whether there is appropriation

1. Hinks - HoL held even if property was handed over by V to D as part of a valid gift, there could be appropriation c. Can an omission amount to appropriation?
i. Where D goes to a supermarket with her toddler,
who brings back a toy which D has not paid for, and who has now thrown the toy in a garden - if D leaves the toy there, has he/she appropriated it?

1. No definitive ruling, but s.3(1) describes an appropriation as including "keeping…as owner"
- may be necessary to show D kept the property for a significant length of time d. Purchaser in good faith will not appropriate i. S.3(2) - person buying property bona fide will not become a thief on discovering that property is stolen,
but if he/she was aware the property may be stolen when purchasing it, they might be guilty

3. Property a. S.4(1) - includes money and real or personal property,
including intangible property b. Land cannot be stolen 4. Belonging to another a. S.5(1) - having possession or control of it, or having in it any proprietary right or interest i. Does not just belong to person who owns it , but also anyone who has possession or control of it ii. Does not have to be lawful possession or control
(Kelly)

5. Intent permanently to deprive a. Core meaning i. There must be intention - an absent minded D
cannot commit theft ii. Need not show that D intended to acquire the property; only to deprive V of the property -
throwing something out of a train window can amount to theft iii. Intention to return the thing in a similar quantity or quality is not good enough - D still intended to deprive V of the money he/she took at that point of time

1. However, where D intended to provide replacement, this would be relevant in deciding whether there was dishonesty iv. D need not intend to deprive by act of appropriation; if D moves a tin of beans to a shelf by the door of a supermarket so that he can run off with it later, this is theft v. Conditional intention - Easom where D picked up a handbag, looked through it and decided there was nothing worth stealing - acquitted on the basis that he could not have intended permanently to deprive V
of any of these items. General view, however, is that
D could have been convicted if the charge had been carefully drafted - on the basis that he intended permanently to deprive V of the contents (if he found them valuable)
b. S.6 extension to meaning of permanent deprivation

6. Dishonesty a.

**T HEFT A CT 1968

SS .

1-7 SECTION 1 - BASIC

DEFINITION OF THEFT.

1. A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and "thief" and "steal" shall be construed accordingly.

2. It is immaterial whether the appropriation is made with a view to gain, or is made for the thief's own benefit.

3. The five following sections of this Act shall have effect as regards the interpretation and operation of this section (and,
except as otherwise provided by this Act, shall apply only for purposes of this section).

SECTION 2 - "DISHONESTLY "

1. A person's appropriation of property belonging to another is not to be regarded as dishonest—
a. if he appropriates the property in the belief that he has in law the right to deprive the other of it, on behalf of himself or of a third person; or i. [Law is unclear - because criminal & civil law give different answers, "has in law the right" - unclear which this is referring to. Hinks - favours criminal law where there is a conflict]
b. if he appropriates the property in the belief that he would have the other's consent if the other knew of the appropriation and the circumstances of it; or c. (except where the property came to him as trustee or personal representative) if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps

2. A person's appropriation of property belonging to another may be dishonest notwithstanding that he is willing to pay for the property.
SECTION 3 - APPROPRIATES ".

1. Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner.

2. Where property or a right or interest in property is or purports to be transferred for value to a person acting in good faith, no later assumption by him of rights which he believed himself to be acquiring shall, by reason of any defect in the transferor's title, amount to theft of the property.

SECTION 4 - "PROPERTY".

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

2. A person cannot steal land, or things forming part of land and severed from it by him or by his directions, except in the following cases, that it to say—
a. when he is a trustee or personal representative, or is authorised by power of attorney, or as liquidator of a company, or otherwise, to sell or dispose of land belonging to another, and he appropriates the land or anything forming part of it by dealing with it in breach of the confidence reposed in him; or b. when he is not in possession of the land and appropriates anything forming part of the land by severing it or causing it to be severed, or after it has been severed; or c. when, being in possession of the land under a tenancy, he appropriates the whole or part of any fixture or structure let to be used with the land.
For purposes of this subsection "land" does not include incorporeal hereditaments; "tenancy" means a tenancy for years or any less period and includes an agreement for such a tenancy, but a person who after the end of a tenancy remains in possession as statutory tenant or otherwise is to be treated as having possession under the tenancy, and "let" shall be construed accordingly.

3. A person who picks mushrooms growing wild on any land, or who picks flowers, fruit or foliage from a plant growing wild on any land, does not (although not in possession of the land) steal what he picks, unless he does it for reward or for sale or other commercial purpose. For purposes of this subsection "mushroom" includes any fungus, and "plant" includes any shrub or tree.

4. Wild creatures, tamed or untamed, shall be regarded as property; but a person cannot steal a wild creature not tamed nor ordinarily kept in captivity, or the carcase of any such creature, unless either it has been reduced into possession by or on behalf of another person and possession of it has not since been lost or abandoned, or another person is in course of reducing it into possession.

SECTION 5 - "BELONGING

TO ANOTHER".

1. Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest).

2. Where property is subject to a trust, the persons to whom it belongs shall be regarded as including any person having a right to enforce the trust, and an intention to defeat the trust shall be regarded accordingly as an intention to deprive of the property any person having that right.

3. Where a person receives property from or on account of another,
and is under an obligation to the other to retain and deal with that property or its proceeds in a particular way, the property or proceeds shall be regarded (as against him) as belonging to the other.

4. Where a person gets property by another's mistake, and is under an obligation to make restoration (in whole or in part) of the property or its proceeds or of the value thereof, then to the extent of that obligation the property or proceeds shall be regarded (as against him) as belonging to the person entitled to restoration, and an intention not to make restoration shall be regarded accordingly as an intention to deprive that person of the property or proceeds.

5. Property of a corporation sole shall be regarded as belonging to the corporation notwithstanding a vacancy in the corporation. SECTION 6 "WITH
OTHER OF IT".

THE INTENTION OF PERMANENTLY DEPRIVING THE

1. A person appropriating property belonging to another without meaning the other permanently to lose the thing itself is nevertheless to be regarded as having the intention of permanently depriving the other of it if his intention is to treat the thing as his own to dispose of regardless of the other's rights; and a borrowing or lending of it may amount to so treating it if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.

2. Without prejudice to the generality of subsection (1) above,
where a person, having possession or control (lawfully or not) of property belonging to another, parts with the property under a condition as to its return which he may not be able to perform,
this (if done for purposes of his own and without the other's authority) amounts to treating the property as his own to dispose of regardless of the other's rights.

SECTION 7 -THEFT
A person guilty of theft shall on conviction on indictment be liable to imprisonment for a term not exceeding seven years

ACTUS REUS: APPROPRIATION

**L AWRENCE

V MPC [1972] AC 626

1. Legal significance a. Appropriation may occur even though the owner has permitted or consented to property taken b. No need to prove lack of consent by owner to establish liability

2. What happened a. D, a taxi driver, was shown a piece of paper on which was written an address by V
b. D said it was a long and expensive journey - V got into the taxi and gave D 1 pound. D said it wasn't enough, and proceeded to take a further 1 pound & 5 pound note from the open wallet. Lawful taxi fare is much lower c. D convicted of theft under s.1(1) of TA

3. Reasoning a. Appropriation i. S.3(1) provide that any assumption by a person of the rights of an owner amounts to an appropriation -
clearly such an assumption here b. Consent i. S.1 (1) was not to be construed as though it contained the words "without the consent of the owner" and accordingly it was not necessary for the prosecution to prove that the taking was without his consent ii. The omission of the words "without consent of the owner" was deliberate and not inadvertent by parliament, and to read the subsection as if they were included is "wholly unwarranted"
M ORRIS [1983] 3 A LL ER 288; [1984] AC 320

1. Legal significance

2. What happened a. D in two cases each took articles from shelves in a selfservice store and substituted for the price labels attached labels taken from lower-priced articles b. Convicted on the basis that switching of price labels amounted to an "appropriation" of the articles within s.3(1b)
c. Held - conviction upheld

3. Reasoning a. 'Appropriation' involved an element of adverse interference with or usurpation of some right of the owner. In this case, the actions of the Ds adversely interfered with or usurped the right of the owner to ensure that the goods concerned were sold and paid for at that greater price.

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