Theft
Basic Reading
Herring, Chapter 8 and 9 (pp. 505-535; and 542-566) and another textbook chapter on theft.
R v Ghosh [1982] QB 1053
Further reading
Andrew Ashworth, Offences of dishonesty, Principles of Criminal Law, (Oxford; Hart 2013).
Footnotes on wild creatures + information.
Theory:
Four Issues:
1) 1. Protecting property rights.
• Cf. NFOAP, homicide, and sexual offences
2) Civil law vs. criminal law distinction.
3) Moved from property crimes to more crimes of dishonesty.
4) Blue collar vs. white collar crime.
Statutory Basis:
Theft Act (Northern Ireland) 1969:
Section 1(1) Basic Definition of Theft:
A person is guilty of theft if he dishonestly appropriates property belonging to
another with the intention of permanently depriving the other of it; and “thief”
and “steal” shall be construed accordingly.
Five elements of theft:
1. D must be dishonest.
2. D must appropriate.
3. D must appropriate property.
4. The property must belong to another.
5. D must have an intention of permanently depriving.
1
Basic Reading
Herring, Chapter 8 and 9 (pp. 505-535; and 542-566) and another textbook chapter on theft.
R v Ghosh [1982] QB 1053
Further reading
Andrew Ashworth, Offences of dishonesty, Principles of Criminal Law, (Oxford; Hart 2013).
Footnotes on wild creatures + information.
Theory:
Four Issues:
1) 1. Protecting property rights.
• Cf. NFOAP, homicide, and sexual offences
2) Civil law vs. criminal law distinction.
3) Moved from property crimes to more crimes of dishonesty.
4) Blue collar vs. white collar crime.
Statutory Basis:
Theft Act (Northern Ireland) 1969:
Section 1(1) Basic Definition of Theft:
A person is guilty of theft if he dishonestly appropriates property belonging to
another with the intention of permanently depriving the other of it; and “thief”
and “steal” shall be construed accordingly.
Five elements of theft:
1. D must be dishonest.
2. D must appropriate.
3. D must appropriate property.
4. The property must belong to another.
5. D must have an intention of permanently depriving.
1
