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criminal law theft notes
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What is theft?Section 1 of the Theft Act 1968 defines what theft is. "A person is guilty of theft if he dishonestly
appropriates property belonging to another with the intention of permanently depriving the other of
it".
Actus Reus - Appropriates + Property + Belonging to another
Mens Rea - Dishonesty + Intention of permanently depriving the other of it
If both the actus reus and mens rea are satisfied then there is a theft.
Actus Reus:
What is appropriation?
- Defined in section 3(1) of the Theft Act 1968 as "any assumption of the rights of an owner amounts
to appropriation".
- "Any assumption of rights of an owner" can be achieved in multiple ways by selling, destroying,
possessing, consuming, using it, lending it, hiring it, sell prop and keeping it.
- Case: Pitman v Hehl 1977 - it was held that the offer to sell was an assumption of rights of the
owner.
- Sometimes an owner can give consent to appropriation. But this prop they are given consent to can
be obtained by false representation. This therefore amounts to appropriation.
- Case example: Gomez 1993
- There can be an appropriation where the defendant acquires the prop without stealing it.
Appropriation only occurs where the defendant later decides to keep or deal with the prop as the
owner. This is laid out in section 3 of the theft act 1968.
What is property? (Section 4 of the Theft Act 1968)
- The defendant must have "appropriated property"
- Section 4(1) of the theft act 1968 sets out the definition of property. "Property" includes money
and all other property real or personal, including things in action and other intangible property".
- There are 5 types of property; money, real property, personal property, things in action and other
intangible property.
Money - coins and banknotes of any currency
Personal Property - this includes tangible personal property which might be described as moveable
items like books, jewellery etc.
- Case examples; Kelly and Lindsay 1999, Yearworth v North Bristol NHS Trust 2010
Other property - water and gas are property. Electricity is not property.
Real Property - land and buildings. Section 4(2) sets out the ways in which land can be stolen.
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