Theft

Theft

1. Theft Act 1968

   • s.1 dishonest appropriation of property belonging to another with intention to deprive other of it
     • s.3 Section 3 – appropriation – any assumption of any of rights of owner with or without consent – McPherson, Lawrence, Morris, Gomez, Hinks
       • Section 4 – property - can be tangible or intangible.
         • Section 4(3) – flowers, unless growing wild, are property
           • Section 5 – belonging to another – ownership, possession or control – Turner
             • Section 5 (4) – legal obligation to restore – AG Ref 1/83

2. Section 2 – dishonesty

   • 2 (1) (a) – defendant not dishonest if honestly believe they have legal right to property,
     • 2 (1) (b) – defendant not dishonest if honestly believe owner would consent – Holden,
       • 2 (1) (c) – defendant not dishonest if honestly believe owner cannot be found having taken reasonable steps – Small; if none of above apply the jury apply common sense view Feely, or Ghosh – was defendant dishonest by standards of reasonable man and, if so, did defendant know dishonest by that standard?
         • Section 6 – intention to permanently deprive – to take forever or for period equivalent to outright taking – Lloyd, Velumyl Warner

3. Robbery

   • section 8 Theft Act 1968
     • Actus Reus
       • theft accompanied by use or threat of force before or at time of stealing and in order to steal – Dawson and James, Hale, Lockley
         • Offence committed at the time the theft is complete – Corcoran and Anderton
     • Mens rea
       • intention to steal and intention or recklessness as to force – Robinson

4. Burglarly

   • section 9 Theft Act 1968:
     • Section 9(1)(a) – entry of a building or part of a building as a trespasser with the intention to steal, inflict GBH or cause unlawful damage Jones and Smith
     • Section 9(1)(b) – having entered as a trespasser the defendant commits or attempts to commit theft or GBH.