Paper 1 Section B- OCR A level Law
Offences against Property
Theft under s1 Theft Act 1968
Theft is defined as dishonestly appropriating property belonging
to another with intention of permanently depriving the other of
it.
- Dishonestly (Mens Rea)
- Appropriating (Actus Reus)
- Property (AR)
- Belonging to another (AR)
- With the intention of permanently depriving the other of it
(MR)
Dishonestly s2(1)
Dishonestly is NOT defined in s2- it doesn’t actually tell you
what dishonestly is. This is because it is an ordinary word so
the jury does not need a definition.
The act does however provide us with examples which are not
dishonest.
The exceptions:
S2(1) not dishonest:
a) If he appropriates the property in the belief that he has in
law the right to deprive the other of it
b) If he appropriates the property in the belief that he would
have the others consent – HOLDEN- kwikfit tires- believed
he could take them.
c) If he appropriates the property in the belief that the person
to whom the property belongs cannot be discovered by
taking reasonable steps to- They believe that they have
taken reasonable steps.
- The actions are the subjective view of the defendant
, If none of the exception apply, use the IVEY test which is an
objective test.
- What was the defendants actual state of or belief as to the
facts?
- Was his conduct dishonest by the standards of ordinary
decent people?
BARTON AND BOOTH- confirmed the judgement in IVEY
Appropriation- s3(1)
Any assumption of the rights of an owner
- Appropriation is not bad unless the other elements of theft
are present. Putting a can in a trolley is appropriation.
CASES
LAWRENCE V METROPOLITAN POLICE COMMISSIONER-
appropriation can occur even with the consent of the owner.
HINKS- even a valid gift can be appropriated.
MCPHERSON- Theft occurred the moment he picked up the
bottle of whiskey.
Property- s4 (1)
Property includes money and all other property, real or
personal, including things in action and other intangible
property.
Property includes:
- Money
- Real property- real estate, land, buildings
- Personal property- e.g. clothes
- Things in action- e.g. bank account- never get a question
about things in action
- Other intangible property e.g. copyright
Offences against Property
Theft under s1 Theft Act 1968
Theft is defined as dishonestly appropriating property belonging
to another with intention of permanently depriving the other of
it.
- Dishonestly (Mens Rea)
- Appropriating (Actus Reus)
- Property (AR)
- Belonging to another (AR)
- With the intention of permanently depriving the other of it
(MR)
Dishonestly s2(1)
Dishonestly is NOT defined in s2- it doesn’t actually tell you
what dishonestly is. This is because it is an ordinary word so
the jury does not need a definition.
The act does however provide us with examples which are not
dishonest.
The exceptions:
S2(1) not dishonest:
a) If he appropriates the property in the belief that he has in
law the right to deprive the other of it
b) If he appropriates the property in the belief that he would
have the others consent – HOLDEN- kwikfit tires- believed
he could take them.
c) If he appropriates the property in the belief that the person
to whom the property belongs cannot be discovered by
taking reasonable steps to- They believe that they have
taken reasonable steps.
- The actions are the subjective view of the defendant
, If none of the exception apply, use the IVEY test which is an
objective test.
- What was the defendants actual state of or belief as to the
facts?
- Was his conduct dishonest by the standards of ordinary
decent people?
BARTON AND BOOTH- confirmed the judgement in IVEY
Appropriation- s3(1)
Any assumption of the rights of an owner
- Appropriation is not bad unless the other elements of theft
are present. Putting a can in a trolley is appropriation.
CASES
LAWRENCE V METROPOLITAN POLICE COMMISSIONER-
appropriation can occur even with the consent of the owner.
HINKS- even a valid gift can be appropriated.
MCPHERSON- Theft occurred the moment he picked up the
bottle of whiskey.
Property- s4 (1)
Property includes money and all other property, real or
personal, including things in action and other intangible
property.
Property includes:
- Money
- Real property- real estate, land, buildings
- Personal property- e.g. clothes
- Things in action- e.g. bank account- never get a question
about things in action
- Other intangible property e.g. copyright
