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Questions and Answers
According to the Theft Act 1968, the definition of theft only includes the appropriation of tangible property.
According to the Theft Act 1968, the definition of theft only includes the appropriation of tangible property.
False
Under the Theft Act 1968, section 3, 'appropriation' includes the assumption of any right of an owner, including omissions such as failing to return the property.
Under the Theft Act 1968, section 3, 'appropriation' includes the assumption of any right of an owner, including omissions such as failing to return the property.
True
Theft is a summary-only offence, which means it can only be tried in a Magistrate's court.
Theft is a summary-only offence, which means it can only be tried in a Magistrate's court.
False
According to the Theft Act 1968, the prosecution must prove that the defendant intended to temporarily deprive the owner of their property to establish theft.
According to the Theft Act 1968, the prosecution must prove that the defendant intended to temporarily deprive the owner of their property to establish theft.
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Under the Theft Act 1968, section 2, 'dishonesty' is a circumstance element of theft.
Under the Theft Act 1968, section 2, 'dishonesty' is a circumstance element of theft.
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The Theft Act 1968 only applies to property that belongs to a natural person, not to companies or organizations.
The Theft Act 1968 only applies to property that belongs to a natural person, not to companies or organizations.
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In R v Morris, the court held that the defendant was not guilty of appropriation because he only assumed one right of the owner.
In R v Morris, the court held that the defendant was not guilty of appropriation because he only assumed one right of the owner.
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According to S3(1), an adverse appropriation is required for theft to occur.
According to S3(1), an adverse appropriation is required for theft to occur.
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In Lawerence v MPC, the court held that theft cannot be found where the victim has consented to an appropriation.
In Lawerence v MPC, the court held that theft cannot be found where the victim has consented to an appropriation.
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R v Gomez clarified that an adverse interference is required for appropriation to occur.
R v Gomez clarified that an adverse interference is required for appropriation to occur.
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A valid transfer of title is considered a gift and is not subject to theft.
A valid transfer of title is considered a gift and is not subject to theft.
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In R v Mazo, the court upheld the conviction of the defendant for theft.
In R v Mazo, the court upheld the conviction of the defendant for theft.
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R v Hinks confirmed that appropriation can be found despite a lack of deception.
R v Hinks confirmed that appropriation can be found despite a lack of deception.
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In R v Hinks, the court described the victim as intelligent and alert.
In R v Hinks, the court described the victim as intelligent and alert.
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The rights of the owner include only the right to possession and control of property.
The rights of the owner include only the right to possession and control of property.
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Partial appropriation is not considered appropriation under the Theft Act.
Partial appropriation is not considered appropriation under the Theft Act.
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According to the Theft Act 1968, a bona fide purchaser exemption only applies to gifts.
According to the Theft Act 1968, a bona fide purchaser exemption only applies to gifts.
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Real property refers to moveable goods under the Theft Act 1968.
Real property refers to moveable goods under the Theft Act 1968.
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Things in action, such as the right to sue for value, are not considered property under the Theft Act 1968.
Things in action, such as the right to sue for value, are not considered property under the Theft Act 1968.
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Land that is not severed is excluded from the criminal law of theft under the Theft Act 1968.
Land that is not severed is excluded from the criminal law of theft under the Theft Act 1968.
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If D is a trustee and appropriates land through breach of the trust, the land will not count as property.
If D is a trustee and appropriates land through breach of the trust, the land will not count as property.
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Wild fungi, plants, trees, flowers, and foliage are considered property under the Theft Act 1968 unless taken for reward or commercial sale.
Wild fungi, plants, trees, flowers, and foliage are considered property under the Theft Act 1968 unless taken for reward or commercial sale.
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Wild creatures that have been killed or trapped do not become property.
Wild creatures that have been killed or trapped do not become property.
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Electricity is considered property under the Theft Act 1968.
Electricity is considered property under the Theft Act 1968.
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Intellectual property is considered property under the Theft Act 1968.
Intellectual property is considered property under the Theft Act 1968.
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Human bodies or body parts are considered property under the Theft Act 1968.
Human bodies or body parts are considered property under the Theft Act 1968.
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A person who has possession or control of a property will always be considered to have a proprietary interest in it.
A person who has possession or control of a property will always be considered to have a proprietary interest in it.
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In the case of R v Kelley, it was held that parts of a human corpse can be considered property.
In the case of R v Kelley, it was held that parts of a human corpse can be considered property.
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If a person takes property that has been abandoned, it is considered theft under the Theft Act 1968.
If a person takes property that has been abandoned, it is considered theft under the Theft Act 1968.
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In the case of R v Meredith, it was held that the taking of a car from a police compound was considered theft.
In the case of R v Meredith, it was held that the taking of a car from a police compound was considered theft.
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A person who receives property by mistake is under a legal duty to return it to the rightful owner under section 5(4) of the Theft Act 1968.
A person who receives property by mistake is under a legal duty to return it to the rightful owner under section 5(4) of the Theft Act 1968.
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A company can be considered the owner of property for the purposes of the Theft Act 1968.
A company can be considered the owner of property for the purposes of the Theft Act 1968.
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In the case of R v Woodman, it was held that taking unwanted scrap metal from a disused site was not considered theft.
In the case of R v Woodman, it was held that taking unwanted scrap metal from a disused site was not considered theft.
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A person who has a proprietary interest in a property will always have possession or control of it.
A person who has a proprietary interest in a property will always have possession or control of it.
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In the case of R v Ricketts, it was held that goods left outside a charity shop were considered abandoned and not property belonging to the charity.
In the case of R v Ricketts, it was held that goods left outside a charity shop were considered abandoned and not property belonging to the charity.
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A person who takes property that has been given to them for a specific purpose can be considered to have taken the property of another under the Theft Act 1968.
A person who takes property that has been given to them for a specific purpose can be considered to have taken the property of another under the Theft Act 1968.
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What is the primary distinction between theft and robbery?
What is the primary distinction between theft and robbery?
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What are the two MR elements of theft?
What are the two MR elements of theft?
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What is the requirement for appropriation under Section 3 of the Theft Act 1968?
What is the requirement for appropriation under Section 3 of the Theft Act 1968?
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Which of the following is NOT an element of theft?
Which of the following is NOT an element of theft?
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What is the significance of the Theft Act 1968?
What is the significance of the Theft Act 1968?
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What is the significance of Section 2 of the Theft Act 1968?
What is the significance of Section 2 of the Theft Act 1968?
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What is one of the main issues that the courts have faced in determining the meaning of appropriation?
What is one of the main issues that the courts have faced in determining the meaning of appropriation?
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What does R v Morris confirm?
What does R v Morris confirm?
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What does Lawerence v MPC hold?
What does Lawerence v MPC hold?
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What does R v Hinks confirm?
What does R v Hinks confirm?
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What is the ruling in R v Mazo?
What is the ruling in R v Mazo?
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What is one of the rights of the owner?
What is one of the rights of the owner?
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What does S3(1) state?
What does S3(1) state?
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What does R v Gomez confirm?
What does R v Gomez confirm?
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What is the meaning of ownership?
What is the meaning of ownership?
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What does R v Morris show?
What does R v Morris show?
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What is the main exception to the general principle that land taken without being severed is excluded from the criminal law of theft?
What is the main exception to the general principle that land taken without being severed is excluded from the criminal law of theft?
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Which of the following is an example of wild creatures that can be considered property under the Theft Act 1968?
Which of the following is an example of wild creatures that can be considered property under the Theft Act 1968?
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What is the main difference between the bona fide purchaser exemption and the general principle that land taken without being severed is excluded from the criminal law of theft?
What is the main difference between the bona fide purchaser exemption and the general principle that land taken without being severed is excluded from the criminal law of theft?
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Which of the following is an example of a thing in action that can be considered property under the Theft Act 1968?
Which of the following is an example of a thing in action that can be considered property under the Theft Act 1968?
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What is the main reason why electricity is not considered property under the Theft Act 1968?
What is the main reason why electricity is not considered property under the Theft Act 1968?
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Which of the following is an example of an intangible property that can be considered property under the Theft Act 1968?
Which of the following is an example of an intangible property that can be considered property under the Theft Act 1968?
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What is the main reason why a person who takes a wild mushroom for personal use is not guilty of theft under the Theft Act 1968?
What is the main reason why a person who takes a wild mushroom for personal use is not guilty of theft under the Theft Act 1968?
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Which of the following is an example of a situation where the rights of the owner are not limited to possession and control of property?
Which of the following is an example of a situation where the rights of the owner are not limited to possession and control of property?
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What is the requirement for something to be considered 'belonging to another' under the Theft Act 1968?
What is the requirement for something to be considered 'belonging to another' under the Theft Act 1968?
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What is the main reason why a person who takes a human body part is not guilty of theft under the Theft Act 1968?
What is the main reason why a person who takes a human body part is not guilty of theft under the Theft Act 1968?
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What happens when a person receives property by mistake?
What happens when a person receives property by mistake?
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Which of the following is an example of a situation where the bona fide purchaser exemption does not apply?
Which of the following is an example of a situation where the bona fide purchaser exemption does not apply?
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What is the requirement for a company to be considered the owner of property for the purposes of the Theft Act 1968?
What is the requirement for a company to be considered the owner of property for the purposes of the Theft Act 1968?
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What happens when property is given to someone for a specific purpose?
What happens when property is given to someone for a specific purpose?
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What is the requirement for abandonment to be established?
What is the requirement for abandonment to be established?
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What is the significance of R v Kelley in relation to the Theft Act 1968?
What is the significance of R v Kelley in relation to the Theft Act 1968?
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What is the significance of R v Woodman in relation to the Theft Act 1968?
What is the significance of R v Woodman in relation to the Theft Act 1968?
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What is the significance of R v Ricketts in relation to the Theft Act 1968?
What is the significance of R v Ricketts in relation to the Theft Act 1968?
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What is the significance of R v Marshall in relation to the Theft Act 1968?
What is the significance of R v Marshall in relation to the Theft Act 1968?
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What is the significance of Yearworth v North Bristol NHS Trust in relation to the Theft Act 1968?
What is the significance of Yearworth v North Bristol NHS Trust in relation to the Theft Act 1968?
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Study Notes
Theft Act 1968
- Came into effect in 1969
- Triable either way offence, magistrate or crown court
- Magistrates court can decide their sentencing powers are not enough, so it must go to crown court
- Defendant can decide if they want to be judged by magistrates or jury
Definition of Theft
- A person is guilty of theft if they dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it
- Theft and steal shall be construed accordingly
Elements of Theft
-
Three AR elements:
- Appropriation (S 3)
- Property (S 4)
- Belonging to another (S 5)
-
Two MR elements:
- Intent to permanently deprive (S 6)
- Dishonesty (S 2)
Appropriation
- Any assumption by a person of the rights of an owner amounts to appropriation
- Includes where a person 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
- Even omissions (failing to return) can be considered appropriation
- Stealing can occur even if not for a benefit/gain (e.g. donating stolen money)
Issues in Appropriation
-
Three main issues:
- Partial appropriation
- The relevance of consent of the owner
- Valid transfers of title in civil law
Assuming the Rights of the Owner
- Ownership is understood as a bundle of rights, not just one
- Examples of rights:
- Right to possession and control of property
- Right to sell property
- Must all bundled rights be assumed for there to be an appropriation?
Case Law
-
R v Morris: Swapping labels on supermarket goods to purchase at a lower price
- Held: Defendant was guilty, as they assumed 'a' right of the owner (the right to price goods)
-
Lawerence v MPC: Taxi driver demanding more money from passenger, who handed over wallet
- Held: Defendant was guilty, theft can be found where V has consented to an appropriation
-
R v Gomez: Assistant manager tricking manager into accepting stolen cheques
- Held: Defendant was guilty, Vs consent was irrelevant, D appropriated where they tricked V and assumed ownership rights
Belonging to Another
-
S 5: Property shall be regarded as belonging to any person having:
- Possession or control of it
- Any proprietary right or interest (not being an equitable interest arising from an agreement to transfer or grant interest)
Possession or Control
- R v Rostran: Diving for golf balls, although golf balls never rescued, they were still on the land, and still belonged to another
-
R v Turner (No 2): D taking car from repair shop after it was repaired and parked on the side of the road
- Held: Property belonged to another
Proprietary Interest
-
R v Marshall: D collecting partly used train tickets and reselling them
- Held: Train company retained proprietary interest in the tickets, and property did not belong to D
Special Situations
-
S 5(3): Property given to D for a specific purpose, it is not D's
-
S 5(4): Property received by mistake, it is not D's
-
Abandonment: Hard to show, as must be complete disregard as to future appropriation### Theft Act 1968
-
Bona fide purchaser exemption (S3(2)) applies when D purchases property in good faith, believing they have full civil title, but it transpires that full title has not been transferred, and D continues to treat it as their own.
Property Definition (S4)
- Includes money and all other property, real or personal, including things in action and other intangible property
- Four elements to note:
- Real property (land)
- Personal property (not land)
- Things in action (e.g. right to sue for value)
- Intangible property (e.g. securities and other financial rights)
Land Exceptions (S4(2))
- Real property refers to land
- General principle: land taken without being 'severed' (i.e. removed) is excluded from the criminal law of theft
- Exceptions to this principle:
- If D is a trustee and appropriates land through breach of the trust
- Land that is severed (e.g. taking soil, plants)
- For tenants, fixtures and structures are included (e.g. sinks, sheds)
Mushrooms and Flowers (S4(3))
- Wild fungi, plants, trees, flowers, foliage, and fruits are excluded from property
- Exceptions to this exclusion:
- Taken for reward or commercial sale
- The fungi/plants are not wild, but cultivated
- D takes the whole plant, not just picking part of it
Wild Creatures (S4(4))
- Wild creatures are not property
- Tamed or domesticated creatures are property
- Wild creatures that have been killed or trapped become property
- Reduced into possession
Property for Theft: Common Law
- Electricity: not property, wasting or diverting another's energy or electricity is an offence
- Intellectual property: information does not amount to property
- Services are not property, failure to pay is not theft
- Human bodies or body parts: traditionally not considered property, but view is changing
Belonging to Another (S5)
- Property shall be regarded as belonging to any person having:
- Possession or control
- Proprietary right or interest (not being an equitable interest arising from an agreement to transfer or grant interest)
- Two ways to belong to another:
- Possession or control
- Proprietary interest
Possession or Control
- R v Rostran: diving for golf balls, still had possession and belonged to another
- R v Turner (No 2): took car from repair shop, had possession and belonged to another
- R v Meredith: took car from police compound, police did not have right to impound, so not theft
- R v Woodman: took scrap metal from disused site, fence and 'no trespassers' sign evidenced possession and belonged to another
- R v Ricketts: took items outside charity shop, goods were clearly for charity shop and not abandoned
Proprietary Interest
- R v Marshall: collected partly used train tickets and resold, train company retained proprietary interest
- Waverley Borough Council v Fletcher: found jewellery in a park, owner had proprietary interest over third parties
Special Situations
- Where property has been given to D for a specific purpose, it is not D's
- Where D receives property by mistake, it is not D's
- R v Gresham: used pension money, had a duty to return it, and so use of it amounted to taking another's property
- Property can 'belong' to corporations
- Abandonment: hard to show, must be complete disregard as to future appropriation
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Description
Test your knowledge on the Theft Act 1968, specifically on appropriation and the bona fide purchaser exemption. Learn about the exceptions and rules that apply in criminal law. Review the key concepts and principles of the act.
