Theft
S1 theft act 1968: a person will be guilty of theft if he dishonestly
appropriates property belonging to another with the intention of
permanently depriving them of it.
ACTUS REUS:
Appropriation- s3
S3(1) any assumption by a person of the rights of the owner will amount
to A.
Taking rights of owner.
Rights of ownership-
touching property
using it
eating
lending it
hiring
destroying it
selling it
Morris [1983]- not all rights of owner need to be assumed. A occurs when
there is an assumption of any 1 of rights. Concept of appropriation
involves an act by way of adverse interference with or acting with rights of
owner.
Consent of owner isn’t relevant to appropriation:
Morris
Lawrence [1972]- theft didn’t require an unauthorised act, act could
be done with consent of owner and still be A.
Gomez [1993]- an A can occur even where the owner consents to it
and no requirement that there be an adverse interference with
owner’s rights.
Acceptance of valid gifts as appropriation:
Mazo [1996]
Hinks [2001]- d convicted and appealed. ‘Whether acquisition of an
indefeasible title to property is capable of amounting to an
appropriation of property belonging to another for purpose of s1(1)
theft act’. Acceptable of a valid gift is capable of amounting to an
appropriation of property.
Broad concept.
Most dealing with property amount to A.
Have to consider AR and MR for it to be theft.
Physical interference- pitham & hehl [1976]- any assumption by person of
rights of owner amounts to A, includes where he has come by property
without stealing it and doesn’t plan to keep it.
Appropriation as a continuing act- atakpu [1994]
Property- s4(1)
Includes money and all other property, real or personal, including things in
action and other intangible property.
S1 theft act 1968: a person will be guilty of theft if he dishonestly
appropriates property belonging to another with the intention of
permanently depriving them of it.
ACTUS REUS:
Appropriation- s3
S3(1) any assumption by a person of the rights of the owner will amount
to A.
Taking rights of owner.
Rights of ownership-
touching property
using it
eating
lending it
hiring
destroying it
selling it
Morris [1983]- not all rights of owner need to be assumed. A occurs when
there is an assumption of any 1 of rights. Concept of appropriation
involves an act by way of adverse interference with or acting with rights of
owner.
Consent of owner isn’t relevant to appropriation:
Morris
Lawrence [1972]- theft didn’t require an unauthorised act, act could
be done with consent of owner and still be A.
Gomez [1993]- an A can occur even where the owner consents to it
and no requirement that there be an adverse interference with
owner’s rights.
Acceptance of valid gifts as appropriation:
Mazo [1996]
Hinks [2001]- d convicted and appealed. ‘Whether acquisition of an
indefeasible title to property is capable of amounting to an
appropriation of property belonging to another for purpose of s1(1)
theft act’. Acceptable of a valid gift is capable of amounting to an
appropriation of property.
Broad concept.
Most dealing with property amount to A.
Have to consider AR and MR for it to be theft.
Physical interference- pitham & hehl [1976]- any assumption by person of
rights of owner amounts to A, includes where he has come by property
without stealing it and doesn’t plan to keep it.
Appropriation as a continuing act- atakpu [1994]
Property- s4(1)
Includes money and all other property, real or personal, including things in
action and other intangible property.
