Theft Act 1968: Appropriation and Bona Fide Purchaser Exemption

Study Flashcards Play Quiz

Questions and Answers

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.

True

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.

False Signup and view all the answers

Under the Theft Act 1968, section 2, 'dishonesty' is a circumstance element of theft.

False Signup and view all the answers

The Theft Act 1968 only applies to property that belongs to a natural person, not to companies or organizations.

False Signup and view all the answers

In R v Morris, the court held that the defendant was not guilty of appropriation because he only assumed one right of the owner.

False Signup and view all the answers

According to S3(1), an adverse appropriation is required for theft to occur.

False Signup and view all the answers

In Lawerence v MPC, the court held that theft cannot be found where the victim has consented to an appropriation.

False Signup and view all the answers

R v Gomez clarified that an adverse interference is required for appropriation to occur.

False Signup and view all the answers

A valid transfer of title is considered a gift and is not subject to theft.

True Signup and view all the answers

In R v Mazo, the court upheld the conviction of the defendant for theft.

False Signup and view all the answers

R v Hinks confirmed that appropriation can be found despite a lack of deception.

True Signup and view all the answers

In R v Hinks, the court described the victim as intelligent and alert.

False Signup and view all the answers

The rights of the owner include only the right to possession and control of property.

False Signup and view all the answers

Partial appropriation is not considered appropriation under the Theft Act.

False Signup and view all the answers

According to the Theft Act 1968, a bona fide purchaser exemption only applies to gifts.

False Signup and view all the answers

Real property refers to moveable goods under the Theft Act 1968.

False Signup and view all the answers

Things in action, such as the right to sue for value, are not considered property under the Theft Act 1968.

False Signup and view all the answers

Land that is not severed is excluded from the criminal law of theft under the Theft Act 1968.

True Signup and view all the answers

If D is a trustee and appropriates land through breach of the trust, the land will not count as property.

False Signup and view all the answers

Wild fungi, plants, trees, flowers, and foliage are considered property under the Theft Act 1968 unless taken for reward or commercial sale.

False Signup and view all the answers

Wild creatures that have been killed or trapped do not become property.

False Signup and view all the answers

Electricity is considered property under the Theft Act 1968.

False Signup and view all the answers

Intellectual property is considered property under the Theft Act 1968.

False Signup and view all the answers

Human bodies or body parts are considered property under the Theft Act 1968.

False Signup and view all the answers

A person who has possession or control of a property will always be considered to have a proprietary interest in it.

False Signup and view all the answers

In the case of R v Kelley, it was held that parts of a human corpse can be considered property.

False Signup and view all the answers

If a person takes property that has been abandoned, it is considered theft under the Theft Act 1968.

False Signup and view all the answers

In the case of R v Meredith, it was held that the taking of a car from a police compound was considered theft.

False Signup and view all the answers

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.

True Signup and view all the answers

A company can be considered the owner of property for the purposes of the Theft Act 1968.

True Signup and view all the answers

In the case of R v Woodman, it was held that taking unwanted scrap metal from a disused site was not considered theft.

False Signup and view all the answers

A person who has a proprietary interest in a property will always have possession or control of it.

False Signup and view all the answers

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.

False Signup and view all the answers

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.

True Signup and view all the answers

What is the primary distinction between theft and robbery?

The use of force in robbery Signup and view all the answers

What are the two MR elements of theft?

Intent to permanently deprive and knowledge Signup and view all the answers

What is the requirement for appropriation under Section 3 of the Theft Act 1968?

A voluntary assumption of the owner's rights Signup and view all the answers

Which of the following is NOT an element of theft?

Temporary deprivation Signup and view all the answers

What is the significance of the Theft Act 1968?

It clarified the elements of theft Signup and view all the answers

What is the significance of Section 2 of the Theft Act 1968?

It explains the concept of dishonesty Signup and view all the answers

What is one of the main issues that the courts have faced in determining the meaning of appropriation?

The relevance of consent of the owner Signup and view all the answers

What does R v Morris confirm?

Appropriation starts and finishes the moment D touches the bag Signup and view all the answers

What does Lawerence v MPC hold?

Theft can be found where V has consented to an appropriation Signup and view all the answers

What does R v Hinks confirm?

Appropriation can be found despite a lack of deception Signup and view all the answers

What is the ruling in R v Mazo?

A valid transfer of title is not subject to theft Signup and view all the answers

What is one of the rights of the owner?

All of the above Signup and view all the answers

What does S3(1) state?

Any assumption of the rights of the owner will suffice Signup and view all the answers

What does R v Gomez confirm?

Vs consent is irrelevant to the question of appropriation Signup and view all the answers

What is the meaning of ownership?

Ownership means having all bundled rights Signup and view all the answers

What does R v Morris show?

Swapping labels can amount to an appropriation Signup and view all the answers

What is the main exception to the general principle that land taken without being severed is excluded from the criminal law of theft?

If D is a trustee and appropriates land through breach of the trust Signup and view all the answers

Which of the following is an example of wild creatures that can be considered property under the Theft Act 1968?

A wild animal that has been killed Signup and view all the answers

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?

The former applies to property acquired by D for value, while the latter applies to property taken without being severed Signup and view all the answers

Which of the following is an example of a thing in action that can be considered property under the Theft Act 1968?

A right to sue for value Signup and view all the answers

What is the main reason why electricity is not considered property under the Theft Act 1968?

Because it is a form of energy that can be wasted or diverted Signup and view all the answers

Which of the following is an example of an intangible property that can be considered property under the Theft Act 1968?

A share certificate Signup and view all the answers

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?

Because the person is not taking it for reward or commercial sale Signup and view all the answers

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?

A person who has a right to sue for value Signup and view all the answers

What is the requirement for something to be considered 'belonging to another' under the Theft Act 1968?

The person has a proprietary interest or possession of it Signup and view all the answers

What is the main reason why a person who takes a human body part is not guilty of theft under the Theft Act 1968?

Because the human body part is not considered property Signup and view all the answers

What happens when a person receives property by mistake?

They are under a legal duty to return it to the rightful owner Signup and view all the answers

Which of the following is an example of a situation where the bona fide purchaser exemption does not apply?

A person who purchases property without value being given Signup and view all the answers

What is the requirement for a company to be considered the owner of property for the purposes of the Theft Act 1968?

The company must have a proprietary interest in the property Signup and view all the answers

What happens when property is given to someone for a specific purpose?

The person is under a legal duty to use the property in that specific way Signup and view all the answers

What is the requirement for abandonment to be established?

The owner must show a complete disregard as to future appropriation Signup and view all the answers

What is the significance of R v Kelley in relation to the Theft Act 1968?

It established that parts of a human corpse can be considered property Signup and view all the answers

What is the significance of R v Woodman in relation to the Theft Act 1968?

It established that taking unwanted scrap metal from a disused site is considered theft Signup and view all the answers

What is the significance of R v Ricketts in relation to the Theft Act 1968?

It established that goods left outside a charity shop are considered property belonging to the charity Signup and view all the answers

What is the significance of R v Marshall in relation to the Theft Act 1968?

It established that a person who has a proprietary interest in a property may not have possession or control of it Signup and view all the answers

What is the significance of Yearworth v North Bristol NHS Trust in relation to the Theft Act 1968?

It established that sperm is considered property Signup and view all the answers

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:
1. Partial appropriation
2. The relevance of consent of the owner
3. 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

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.