Theft Scenario
Theft
Theft is a statutory offence set out in s1(1) Theft Act 1968, which provides that 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 is triable either-way with a maximum penalty in the Crown Court of seven years
imprisonment and/or an unlimited fine.
Actus Reus
S2-6 of the Act provide definitions of each of the elements of theft, including those
which make up the actus reus. This is the ‘appropriation’ (s3), of ‘property’ (s4),
‘belonging to another’ (5).
1. Appropriation
Appropriation, as defined in s3(1), is the assumption of at least one of an owner’s
rights.
Rights
This was the case in Pitham and Hehl, where D’s intention to sell V’s furniture
amounted to theft. Although the furniture was never actually sold, D had
appropriated it by assuming the owner’s right to sell the property.
R v Morris, where D switched the price labels on items, shows that not all rights have
to be assumed for an act to amount to appropriation. The owner of a property has a
‘bundle of rights’ over their own property, so they have the right to do a number of
things with it.
What rights have been assumed in the scenario?
Consent
In certain cases, taking with the consent of the owner will still amount to
appropriation.
Examples include R v Gomez and Lawrence v MPC, where the Ds acquired property
by deception.
Apply
Gift
The acceptance of a gift can also constitute theft.
The case of Hinks, where a woman accepted daily payments from an older man
demonstrates this.
This has the advantage of protecting vulnerable people.
Has a vulnerable person been exploited?
, 2. Property
S4(1) states that property includes money and all other property, real or personal,
including things in action and other intangible property.
Real Property
Refers to land and anything fixed to land, such as houses and buildings. By virtue of
s4(2), land cannot be stolen unless:
- D is a trustee, representative or has authorised power of attorney and deals with
the property in breach of trust.
- D is not in possession of the property but appropriates anything forming part of
the land by severing or causing it to be severed.
- D is a tenant and appropriates the whole or part of any fixture.
Do any of these apply?
S4(3) – wild mushrooms/flowers cannot be stolen unless picked for a commercial
purpose.
S4(4) – wild animals cannot be stolen unless taken for a commercial purpose.
Furthermore, a human body cannot normally be stolen. However, in Kelly and
Lindsay, the body parts could be as ‘essential character and value’ changed. It had
acquired value by virtue of the application of skill, having been subjected to
preservation and dissection techniques.
Relevant?
Intangible Property
Intellectual property that does not exist in a physical sense, i.e copyright or patents.
A ‘Thing in Action’
A ‘thing in action’ is a technical term describing property that does not exist in a
physical sense, but which provides the owner with legally enforceable rights.
In Oxford v Moss, the courts decided that seeing unopened exam questions was not
theft as they were not ‘property’ but ‘information’.
R v Smith - the three appellants were convicted of robbery and appealed on the
grounds that drugs did not constitute property for the purposes of the Theft Act
since the possession of it was unlawful.
Electricity is treated separately under the Act. It is considered intangible property
that cannot be stolen, but if a person (s11) ‘dishonestly uses electricity without
authority or dishonestly causes it to be wasted or diverted’ then they may be liable
for an offence.
3. Belonging to Another
S5(1) states that property will be regarded as belonging to a person when the person
has possession or control over it, or any proprietary right or interest.
Theft
Theft is a statutory offence set out in s1(1) Theft Act 1968, which provides that 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 is triable either-way with a maximum penalty in the Crown Court of seven years
imprisonment and/or an unlimited fine.
Actus Reus
S2-6 of the Act provide definitions of each of the elements of theft, including those
which make up the actus reus. This is the ‘appropriation’ (s3), of ‘property’ (s4),
‘belonging to another’ (5).
1. Appropriation
Appropriation, as defined in s3(1), is the assumption of at least one of an owner’s
rights.
Rights
This was the case in Pitham and Hehl, where D’s intention to sell V’s furniture
amounted to theft. Although the furniture was never actually sold, D had
appropriated it by assuming the owner’s right to sell the property.
R v Morris, where D switched the price labels on items, shows that not all rights have
to be assumed for an act to amount to appropriation. The owner of a property has a
‘bundle of rights’ over their own property, so they have the right to do a number of
things with it.
What rights have been assumed in the scenario?
Consent
In certain cases, taking with the consent of the owner will still amount to
appropriation.
Examples include R v Gomez and Lawrence v MPC, where the Ds acquired property
by deception.
Apply
Gift
The acceptance of a gift can also constitute theft.
The case of Hinks, where a woman accepted daily payments from an older man
demonstrates this.
This has the advantage of protecting vulnerable people.
Has a vulnerable person been exploited?
, 2. Property
S4(1) states that property includes money and all other property, real or personal,
including things in action and other intangible property.
Real Property
Refers to land and anything fixed to land, such as houses and buildings. By virtue of
s4(2), land cannot be stolen unless:
- D is a trustee, representative or has authorised power of attorney and deals with
the property in breach of trust.
- D is not in possession of the property but appropriates anything forming part of
the land by severing or causing it to be severed.
- D is a tenant and appropriates the whole or part of any fixture.
Do any of these apply?
S4(3) – wild mushrooms/flowers cannot be stolen unless picked for a commercial
purpose.
S4(4) – wild animals cannot be stolen unless taken for a commercial purpose.
Furthermore, a human body cannot normally be stolen. However, in Kelly and
Lindsay, the body parts could be as ‘essential character and value’ changed. It had
acquired value by virtue of the application of skill, having been subjected to
preservation and dissection techniques.
Relevant?
Intangible Property
Intellectual property that does not exist in a physical sense, i.e copyright or patents.
A ‘Thing in Action’
A ‘thing in action’ is a technical term describing property that does not exist in a
physical sense, but which provides the owner with legally enforceable rights.
In Oxford v Moss, the courts decided that seeing unopened exam questions was not
theft as they were not ‘property’ but ‘information’.
R v Smith - the three appellants were convicted of robbery and appealed on the
grounds that drugs did not constitute property for the purposes of the Theft Act
since the possession of it was unlawful.
Electricity is treated separately under the Act. It is considered intangible property
that cannot be stolen, but if a person (s11) ‘dishonestly uses electricity without
authority or dishonestly causes it to be wasted or diverted’ then they may be liable
for an offence.
3. Belonging to Another
S5(1) states that property will be regarded as belonging to a person when the person
has possession or control over it, or any proprietary right or interest.
