Property offences:
Theft
Theft: Section 1 (1) Theft Act 1968 – Appropriating property belonging to another, with the intention
to permanently deprive the other of it
Actus reus:
Appropriation
- Lawrence v MPC 1972: student took a taxi ride for which the proper fare was 50p. Defendant
took £6 in total. Convicted of theft. Held: student only consented to the legal amount being
taken.
- Section 3 (1) Theft Act 1968- Any assumption by a person of the rights of an owner. R v
Morris 1983: Replaced price tags so that he pays less for the items. Held: Necessary to
assume one of the rights of the owner- swapping labels is the owners right, not Morris’.
Even if D does not intend to deprive the other of it permanently, still may be theft.
- Consent and appropriation: R v Gomez 1993- property can be appropriated even with the
consent of the owner- consent obtained by false representation.
- Theft of gifts: R v Hinks 2000: Appropriation is a neutral act and the state of mind of the
donor is irrelevant to appropriation, therefore appropriating could take place with/ without
sent of the owner, therefore, person could be guilty of stealing a valid inter vivos gift.
- A later appropriation: when mens rea is formed later- s 3 (1) TA 1968.
- The innocent purchaser: s3 (2) TA 1968 exempts a D from liability where D purchases goods
in good faith and for value, later discovers seller had no title to the property, but decides to
keep it. R v Adams 1993.
Property
Section 4 Theft Act 1968- Includes money and all other property, real of tangible, including things in
action and other intangible property.
- Exceptions: s 4 (2) relation to property: s 4 (2) (a) D is authorised to sell land and sells more
than they are meant to. S 4 (2) (B)- D is a trespasser or invited guest and removes a fence for
example. S 4 (2) (c)- D is a tenant and removes or sells without removing.
- s 4 (3) things growing wild: mushrooms, flowers, fruit and or foliage. It is theft if: the
purpose of picking from the wild plant is: a reward, to sell or for another commercial
purpose, D uproots or cuts parts of the wild plant, D picks cultivated plants.
- s4(4) wild creatures: untamed animals and or animals not ordinarily kept in captivity. Theft
if: tamed animals (pets), animals kept in captivity (zoo), animals in the course of being
reduced into possession (have been trapped).
Can be stolen Can’t be stolen
Money- Notes, coins including other Wild plants and animals- exceptions apply
currencies
Real property- land Electricity- Low v Beales 1975
Personal property- coat, ring, car, water, gas
Intangible property- things in action- a right to Corpses and body parts – except those in
Theft
Theft: Section 1 (1) Theft Act 1968 – Appropriating property belonging to another, with the intention
to permanently deprive the other of it
Actus reus:
Appropriation
- Lawrence v MPC 1972: student took a taxi ride for which the proper fare was 50p. Defendant
took £6 in total. Convicted of theft. Held: student only consented to the legal amount being
taken.
- Section 3 (1) Theft Act 1968- Any assumption by a person of the rights of an owner. R v
Morris 1983: Replaced price tags so that he pays less for the items. Held: Necessary to
assume one of the rights of the owner- swapping labels is the owners right, not Morris’.
Even if D does not intend to deprive the other of it permanently, still may be theft.
- Consent and appropriation: R v Gomez 1993- property can be appropriated even with the
consent of the owner- consent obtained by false representation.
- Theft of gifts: R v Hinks 2000: Appropriation is a neutral act and the state of mind of the
donor is irrelevant to appropriation, therefore appropriating could take place with/ without
sent of the owner, therefore, person could be guilty of stealing a valid inter vivos gift.
- A later appropriation: when mens rea is formed later- s 3 (1) TA 1968.
- The innocent purchaser: s3 (2) TA 1968 exempts a D from liability where D purchases goods
in good faith and for value, later discovers seller had no title to the property, but decides to
keep it. R v Adams 1993.
Property
Section 4 Theft Act 1968- Includes money and all other property, real of tangible, including things in
action and other intangible property.
- Exceptions: s 4 (2) relation to property: s 4 (2) (a) D is authorised to sell land and sells more
than they are meant to. S 4 (2) (B)- D is a trespasser or invited guest and removes a fence for
example. S 4 (2) (c)- D is a tenant and removes or sells without removing.
- s 4 (3) things growing wild: mushrooms, flowers, fruit and or foliage. It is theft if: the
purpose of picking from the wild plant is: a reward, to sell or for another commercial
purpose, D uproots or cuts parts of the wild plant, D picks cultivated plants.
- s4(4) wild creatures: untamed animals and or animals not ordinarily kept in captivity. Theft
if: tamed animals (pets), animals kept in captivity (zoo), animals in the course of being
reduced into possession (have been trapped).
Can be stolen Can’t be stolen
Money- Notes, coins including other Wild plants and animals- exceptions apply
currencies
Real property- land Electricity- Low v Beales 1975
Personal property- coat, ring, car, water, gas
Intangible property- things in action- a right to Corpses and body parts – except those in
