Property ofences
The social context
Political economic system sased around priaate property
Protection of priaate property one of the main goals of criminal law
Street crime as white collar crime
Property crime increases when inequality and depriaation increases
Dishonesty
Necessity?
Thef act 1968
S1(1)- A person guilty of thef if he dishonestly appropriates property selonging to another with the
intention of permanently depriaing the other of it and ‘thief and ‘steal shall se construed
accordingly.
Burglary and rossery are ofen charged together with thef.
Actus reus
The actus reus of thef consists of the appropriation of property selonging to another.
Appropriation
S.3- Any assumtption sy a person of the rights of an owner amounts to an appropriation and this
includes where he has come sy the property (innocently or not) without stealing it, any later
assumption of a right to it sy keeping or dealing with it as an owner.
Where property or a right or interest in property is or purports to se transferred for aalue to a
person acting in good faith no later assumption sy him of rights which he selieaed himself to se
acquiring shall sy reason of any defect in the transferors title, amount to thef of the property. Bona
fide purchaser exception.
– Taking possession
– Eaen momentary control (Corcoran a Anderton 1980- sag gras)
– Appropriation sy a person already in possession
– Or sy a person who neaer possesses
R a Morris 1984- switching price lasels amounts to the appropriation of rights.
R a Lawrence 1972- italian student was in taxi to the hotel. Driaer said the price and the student was
unsure how much to pay so gaae the driaer his wallet to take what he was owed. The driaer took
more than what he said. Although the driaer had consent this was adaerse appropriation.
R a Hinks 2000- receiaing a gif in ciail law can still amount to thef secause exploitation.
Property
S.4(1)- property includes money and all other property, real or personal, including things in action
and other intangisle property.
S.4(2-4)- extends the definition of property, excluding land, wild plants
The social context
Political economic system sased around priaate property
Protection of priaate property one of the main goals of criminal law
Street crime as white collar crime
Property crime increases when inequality and depriaation increases
Dishonesty
Necessity?
Thef act 1968
S1(1)- A person guilty of thef if he dishonestly appropriates property selonging to another with the
intention of permanently depriaing the other of it and ‘thief and ‘steal shall se construed
accordingly.
Burglary and rossery are ofen charged together with thef.
Actus reus
The actus reus of thef consists of the appropriation of property selonging to another.
Appropriation
S.3- Any assumtption sy a person of the rights of an owner amounts to an appropriation and this
includes where he has come sy the property (innocently or not) without stealing it, any later
assumption of a right to it sy keeping or dealing with it as an owner.
Where property or a right or interest in property is or purports to se transferred for aalue to a
person acting in good faith no later assumption sy him of rights which he selieaed himself to se
acquiring shall sy reason of any defect in the transferors title, amount to thef of the property. Bona
fide purchaser exception.
– Taking possession
– Eaen momentary control (Corcoran a Anderton 1980- sag gras)
– Appropriation sy a person already in possession
– Or sy a person who neaer possesses
R a Morris 1984- switching price lasels amounts to the appropriation of rights.
R a Lawrence 1972- italian student was in taxi to the hotel. Driaer said the price and the student was
unsure how much to pay so gaae the driaer his wallet to take what he was owed. The driaer took
more than what he said. Although the driaer had consent this was adaerse appropriation.
R a Hinks 2000- receiaing a gif in ciail law can still amount to thef secause exploitation.
Property
S.4(1)- property includes money and all other property, real or personal, including things in action
and other intangisle property.
S.4(2-4)- extends the definition of property, excluding land, wild plants
