Summary
Summary Criminal Law- Property Offences- THEFT
- Module
- Criminal Law
Criminal Law Revision Notes for The property Offence of Theft.
[Show more]
Seller
Follow
Content preview
Property offences:Theft
Theft: Section 1 (1) Theft Act 1968 – Appropriating property belonging to another, with the intention
to permanently deprive the other of it
Actus reus:
Appropriation
- Lawrence v MPC 1972: student took a taxi ride for which the proper fare was 50p. Defendant
took £6 in total. Convicted of theft. Held: student only consented to the legal amount being
taken.
- Section 3 (1) Theft Act 1968- Any assumption by a person of the rights of an owner. R v
Morris 1983: Replaced price tags so that he pays less for the items. Held: Necessary to
assume one of the rights of the owner- swapping labels is the owners right, not Morris’.
Even if D does not intend to deprive the other of it permanently, still may be theft.
- Consent and appropriation: R v Gomez 1993- property can be appropriated even with the
consent of the owner- consent obtained by false representation.
- Theft of gifts: R v Hinks 2000: Appropriation is a neutral act and the state of mind of the
donor is irrelevant to appropriation, therefore appropriating could take place with/ without
sent of the owner, therefore, person could be guilty of stealing a valid inter vivos gift.
- A later appropriation: when mens rea is formed later- s 3 (1) TA 1968.
- The innocent purchaser: s3 (2) TA 1968 exempts a D from liability where D purchases goods
in good faith and for value, later discovers seller had no title to the property, but decides to
keep it. R v Adams 1993.
Property
Section 4 Theft Act 1968- Includes money and all other property, real of tangible, including things in
action and other intangible property.
- Exceptions: s 4 (2) relation to property: s 4 (2) (a) D is authorised to sell land and sells more
than they are meant to. S 4 (2) (B)- D is a trespasser or invited guest and removes a fence for
example. S 4 (2) (c)- D is a tenant and removes or sells without removing.
- s 4 (3) things growing wild: mushrooms, flowers, fruit and or foliage. It is theft if: the
purpose of picking from the wild plant is: a reward, to sell or for another commercial
purpose, D uproots or cuts parts of the wild plant, D picks cultivated plants.
- s4(4) wild creatures: untamed animals and or animals not ordinarily kept in captivity. Theft
if: tamed animals (pets), animals kept in captivity (zoo), animals in the course of being
reduced into possession (have been trapped).
Can be stolen Can’t be stolen
Money- Notes, coins including other Wild plants and animals- exceptions apply
currencies
Real property- land Electricity- Low v Beales 1975
Personal property- coat, ring, car, water, gas
Intangible property- things in action- a right to Corpses and body parts – except those in
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller ruqeyashojaei. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £5.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
79223 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now