Theft model answer
D is potentially liable of theft under s .1 (1) of the Theft Act 1968 which carries a maximum
penalty of 7 years imprisonment. A person is guilty of theft if they ‘dishonestly appropriate
property belonging to another with the intention to permanently deprive another of it.’
Element 1-appropriation s.3 (1):
The first actus reus element is appropriation which is defined under s.3 (1) as ‘any
assumption by a person of the rights of the owner’ as in Morris where D ‘adversely
interfered’ with some of the rights of the owner by switching labels on goods in a
supermarket (Anderton V Burnside). Appropriation is a continuing act. There can be a later
assumption of rights which occurs when assumption of rights occurs after property has been
innocently acquired (Adams). Appropriation may still be present despite consent given by
the owner as in Lawrence where V gave D consent to take money out of his wallet (Dobson
v General). Appropriation can take place with gifts (Hinks)
In this scenario…
Element 2- appropriation s.4:
Property is defined by s.4 (1) theft act 1986 as ‘property includes money and all other
property, real or personal, including things in action and other intangible property’.
• Money:
o Velumyl- took money from company safe claimed he intended to return it
but it was held exact money couldn’t be returned
• Real property:
o Trustee/power of attorney breaches it
o Severs property or causes to be severed (not in possession of property)
o A Tenant, appropriates the whole or part of any fixture
• Personal property, anything other than land:
o R v Smith and others, included prohibited drugs
o Unlawful property constitutes as personal property
o Corpse can be personal property if used for other reasons (R v Kelley and
Lindsay)
• Things in action or ‘choses in action’
o Kohn- debt owed by a bank
o Marshall- re-selling used tickets
• Other intangible property
o Hong Kong V Nai-keung- quota
o Confidential information doesn’t constitute as property for purposes of theft
D is potentially liable of theft under s .1 (1) of the Theft Act 1968 which carries a maximum
penalty of 7 years imprisonment. A person is guilty of theft if they ‘dishonestly appropriate
property belonging to another with the intention to permanently deprive another of it.’
Element 1-appropriation s.3 (1):
The first actus reus element is appropriation which is defined under s.3 (1) as ‘any
assumption by a person of the rights of the owner’ as in Morris where D ‘adversely
interfered’ with some of the rights of the owner by switching labels on goods in a
supermarket (Anderton V Burnside). Appropriation is a continuing act. There can be a later
assumption of rights which occurs when assumption of rights occurs after property has been
innocently acquired (Adams). Appropriation may still be present despite consent given by
the owner as in Lawrence where V gave D consent to take money out of his wallet (Dobson
v General). Appropriation can take place with gifts (Hinks)
In this scenario…
Element 2- appropriation s.4:
Property is defined by s.4 (1) theft act 1986 as ‘property includes money and all other
property, real or personal, including things in action and other intangible property’.
• Money:
o Velumyl- took money from company safe claimed he intended to return it
but it was held exact money couldn’t be returned
• Real property:
o Trustee/power of attorney breaches it
o Severs property or causes to be severed (not in possession of property)
o A Tenant, appropriates the whole or part of any fixture
• Personal property, anything other than land:
o R v Smith and others, included prohibited drugs
o Unlawful property constitutes as personal property
o Corpse can be personal property if used for other reasons (R v Kelley and
Lindsay)
• Things in action or ‘choses in action’
o Kohn- debt owed by a bank
o Marshall- re-selling used tickets
• Other intangible property
o Hong Kong V Nai-keung- quota
o Confidential information doesn’t constitute as property for purposes of theft
