Property Offences - Theft
Property defences refer to the unlawful taking (or destruction) of someone else’s property.
This may involve force or a threat of force.
Theft is a statutory offence, defined in Section 1 of the Theft Act 1968.
“A person commits theft if he dishonestly appropriates property belonging to another with the
intention of permanently depriving the other of it”
‘Appropriation’ - Section 3 of the Theft Act 1968 - “assuming the rights of an owner”
- This can be a later assumption of rights.
Appropriation means that the defendant has taken something. This can be physically taking
something, or where someone destroys property, sells property etc.
They are essentially assuming the rights of an owner when they take something that does
not belong to them.
For an appropriation to take place, the defendant needs to do something that assumes at
least one of the owners rights.
R v Vinall (2011)
- Two people were out cycling when they passed the defendants. The defendants
shouted at them, punched one of them off his bike and threatened the other.
- The defendants picked up the bike that the cyclist came off and took it with them.,
The bike was later found at a bus shelter not far away from where it was taken.
The courts said that when looking at appropriation, the defendants assumed the rights of the
owners when they a) initially took the bike and b) later abandoned the bike.
R v Morris (1983)
R v Pitham and Hehl (1977)
The rights of an owner also includes the right to be able to sell that property.
The appropriation occurs at the first moment a defendant assumes the rights of an owner.
R v Atakpu and Abrahams (1994)
If there has been a later assump[tion of an owner’s rights, then the Courts can find
appropriation at the point the defendant chose to ‘keep’ or ‘deal’ the property in question.
Regardless of consent, appropriation will still have taken place at the point the defendant
assumes any rights of the owner.
Lawrence v Commissioner for Metropolitan Police (1972)
The Courts still see gifts as appropriation - R v Hinks (2000)
Property
Section 4 of the Theft Act 1968
- Money,
- Real - land and buildings
, - Personal - all movable items
- Things in action - bank cards
- Other intangible property - things that have no physical presence e.g. electricity
Real Property
Section 4(2) of the Theft Act 1968 - real property can be stolen when:
1. A person entrusted with the land breaks this trust by appropriating the land
themselves.
2. A person appropriates the land by severing something that formed part of the land.
3. A tenant appropriates any fixtures that were just for let.
Personal Property
Personal property refers to all ‘moveable’ items, as well as trivial matters. Typical examples
include jewellery, clothes and cars, however dead bodies and body parts and illegal drugs
have also been accepted to classify as personal property.
R v Kelly and Lindsay (1998) - body parts
Other Intangible Property
Other intangible property refers to rights that can be stolen but have no physical presence.
Confidential information is not deemed to be ‘property’.
Oxford v Moss (1979)
- The defendant was a university student who had acquired a list of the exam
questions, in the paper he was due to sit.
- The courts held that knowledge of the questions could not be held to be property.
Exception - Section 4(3) and 4(4) of the Theft Act 1968
- Taking plants that are growing wild would not be theft. However, taking plants that
are being grown for commercial purposes would be theft.
Belonging to Another
Section 5 of the Theft Act 1968
- Where someone was in possession or control of the property
- Where someone had a proprietary interest in the property
- Where property was received under an obligation
- Where property was received by mistake
Possession or control
If another person is in possession or control of an item (even if temporary), then if that item
is appropriated, we can say it did belong to another.
This also means that technically, the original owner of an item could be charged with theft.
R v Turner (1971)
- The defendant took her car to a garage to get repaired. Payment of the repair was
due upon completion. When the repairs were nearly done, the garage left the car
outside on the roadway. The defendant used a spare key to take the car without
paying.
Property defences refer to the unlawful taking (or destruction) of someone else’s property.
This may involve force or a threat of force.
Theft is a statutory offence, defined in Section 1 of the Theft Act 1968.
“A person commits theft if he dishonestly appropriates property belonging to another with the
intention of permanently depriving the other of it”
‘Appropriation’ - Section 3 of the Theft Act 1968 - “assuming the rights of an owner”
- This can be a later assumption of rights.
Appropriation means that the defendant has taken something. This can be physically taking
something, or where someone destroys property, sells property etc.
They are essentially assuming the rights of an owner when they take something that does
not belong to them.
For an appropriation to take place, the defendant needs to do something that assumes at
least one of the owners rights.
R v Vinall (2011)
- Two people were out cycling when they passed the defendants. The defendants
shouted at them, punched one of them off his bike and threatened the other.
- The defendants picked up the bike that the cyclist came off and took it with them.,
The bike was later found at a bus shelter not far away from where it was taken.
The courts said that when looking at appropriation, the defendants assumed the rights of the
owners when they a) initially took the bike and b) later abandoned the bike.
R v Morris (1983)
R v Pitham and Hehl (1977)
The rights of an owner also includes the right to be able to sell that property.
The appropriation occurs at the first moment a defendant assumes the rights of an owner.
R v Atakpu and Abrahams (1994)
If there has been a later assump[tion of an owner’s rights, then the Courts can find
appropriation at the point the defendant chose to ‘keep’ or ‘deal’ the property in question.
Regardless of consent, appropriation will still have taken place at the point the defendant
assumes any rights of the owner.
Lawrence v Commissioner for Metropolitan Police (1972)
The Courts still see gifts as appropriation - R v Hinks (2000)
Property
Section 4 of the Theft Act 1968
- Money,
- Real - land and buildings
, - Personal - all movable items
- Things in action - bank cards
- Other intangible property - things that have no physical presence e.g. electricity
Real Property
Section 4(2) of the Theft Act 1968 - real property can be stolen when:
1. A person entrusted with the land breaks this trust by appropriating the land
themselves.
2. A person appropriates the land by severing something that formed part of the land.
3. A tenant appropriates any fixtures that were just for let.
Personal Property
Personal property refers to all ‘moveable’ items, as well as trivial matters. Typical examples
include jewellery, clothes and cars, however dead bodies and body parts and illegal drugs
have also been accepted to classify as personal property.
R v Kelly and Lindsay (1998) - body parts
Other Intangible Property
Other intangible property refers to rights that can be stolen but have no physical presence.
Confidential information is not deemed to be ‘property’.
Oxford v Moss (1979)
- The defendant was a university student who had acquired a list of the exam
questions, in the paper he was due to sit.
- The courts held that knowledge of the questions could not be held to be property.
Exception - Section 4(3) and 4(4) of the Theft Act 1968
- Taking plants that are growing wild would not be theft. However, taking plants that
are being grown for commercial purposes would be theft.
Belonging to Another
Section 5 of the Theft Act 1968
- Where someone was in possession or control of the property
- Where someone had a proprietary interest in the property
- Where property was received under an obligation
- Where property was received by mistake
Possession or control
If another person is in possession or control of an item (even if temporary), then if that item
is appropriated, we can say it did belong to another.
This also means that technically, the original owner of an item could be charged with theft.
R v Turner (1971)
- The defendant took her car to a garage to get repaired. Payment of the repair was
due upon completion. When the repairs were nearly done, the garage left the car
outside on the roadway. The defendant used a spare key to take the car without
paying.
