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Questions and Answers
What is a situation where a D can still be guilty of theft even though the property belongs to another?
In a scenario where there is a clear obligation to deal with property in a particular way, what happens if the obligation is not followed?
Under Section 5(4) of the Theft Act 1968, what type of property is specifically addressed?
When does a situation of property received by a mistake lead to guilt of theft?
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Under what circumstances should Sections 3 and 4 of the Theft Act 1968 be resorted to?
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In the context of theft, which scenario illustrates that possession or control of property doesn't have to be lawful?
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When can an owner steal their own property?
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What situation would make someone guilty of theft even if they are the owner, controller, or possessor of an item?
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What example from the text illustrates the concept that possession or control doesn't have to be lawful?
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Who does the goods belong to until the new owner takes possession of them?
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Study Notes
Theft Act 1968
- Under the Theft Act 1968, a defendant (D) can still be guilty of theft even if the property belongs to another, in situations where D acts dishonestly and causes a loss to another or makes a gain.
Trust Property
- A trustee can steal trust property, as they have an obligation to retain and deal with the property in a particular way.
- R v Klineberg and Marsden: if there is a clear obligation to deal with property in a particular way, D is guilty of theft when they don't follow that way.
Property Received Under an Obligation
- S5(3) of the Theft Act 1968 states that property is still belonging to another for the purpose of the theft act, even if there is an obligation to retain and deal with the property in a particular way.
- Davidge v Bunnett: an informal obligation, such as between flatmates paying a shared bill, can also be considered an obligation.
Property Received by Mistake
- S5(4) of the Theft Act 1968 deals with property obtained through mistake.
- Attorney-General’s Reference (No. 1 of 1983) (1985): there is a legal duty to return property received by mistake.
- R v Gilks: sometimes, there is no legal obligation to restore mistaken money.
Belonging to Another
- S5(1) of the Theft Act 1968 states that possession, control of property, or any proprietary interest is sufficient to constitute "belonging to another".
- Possession or control of property does not have to be lawful.
- R v Turner (No 2): an owner can steal their own property if another has possession of it.
- R v Woodman: a person or business can be in possession or control of property even if they don't know the property is on their land.
- R (on the application of Ricketts) v Basildon Magistrates Court (2010): when goods are left for someone, the goods belong to the original owner until the new owner takes possession of them.
- R v Webster: if another person still has a proprietary interest in the item, despite D owning, controlling, or being in possession of the item, they can still be guilty of theft.
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Description
Test your knowledge of possession and control in theft law, where possession or control of property is sufficient to be charged with stealing. Explore the concept of stealing from another person or entity, even if the property is legally owned by a different party. Learn about the case of R v Turner (No 2) where an owner can steal their own property.
