Theft and property offences - Theft (s.1 Theft Act 1968)

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Overview

Theft, defined under Section 1 of the Theft Act 1968, is a core concept in criminal law and essential for the SQE1 FLK2 exam. This article examines the components of theft, providing the knowledge and analytical skills needed to handle legal scenarios effectively.

Elements of Theft: An Analysis Framework

To secure a conviction for theft, five key elements must be established:

  1. Appropriation
  2. Property
  3. Belonging to Another
  4. Dishonesty
  5. Intention to Permanently Deprive

We will examine each of these elements, discussing fundamental principles, case law, and practical applications.

Appropriation: Assuming Ownership Rights

Appropriation involves taking on any ownership rights of the property, encompassing actions beyond simple taking.

Key Points

  • Occurs when any rights of the owner are assumed.
  • Owner's consent does not negate appropriation.
  • Lawfully acquired property can still be appropriated.

Case Law

  • R v Morris [1984] AC 320: Picking goods from a shelf is appropriation, even before checkout.
  • R v Gomez [1993] AC 442: Appropriation can happen with the owner's consent, altering R v Lawrence's precedent.
  • R v Hinks [2001] 2 AC 241: Includes gifts, if other theft elements are met.

Example

A customer takes a grocery bag left by a cashier without paying. This is appropriation, as the customer assumes ownership rights.

Property: Understanding Theft Scope

Section 4(1) of the Theft Act 1968 broadly defines property, covering both tangible and intangible items.

Scope

  1. Tangible: Physical items like money, goods, and land.
  2. Intangible: Includes debts, shares, and more.
  3. Exclusions: Land and its attachments, with exceptions; wild creatures unless possessed.

Complex Issues

  • Confidential Info: While not property, its medium can be stolen (Oxford v Moss 1979).
  • Electricity: Recognized as stealable property under section 13.
  • Corpses: Not usually property, but body parts may be (R v Kelly [1999]).

Example

Stealing confidential business plans from a competitor is theft of intellectual property.

Belonging to Another: Ownership and Control

Property belongs to another if possessed or controlled by them when appropriated.

Key Concepts

  1. Property belongs to anyone with possession, control, or a proprietary interest (section 5(1)).
  2. Trust property belongs to the beneficiary.
  3. Property obligations create ownership for the obligation's beneficiary.

Scenarios

  • Joint Ownership: Theft can occur by taking the co-owner's share (R v Bonner 1970).
  • Lien Situations: A car owner can steal their car under a lien (Turner (No 2) [1971]).

Example

Borrowing a friend's car without permission constitutes belonging to another, as the friend holds control.

Dishonesty: An Objective Test

Dishonesty has been reshaped by significant legal developments.

The Ghosh Test and Its Overhaul

The R v Ghosh [1982] test, with subjective standards, was replaced by Ivey v Genting Casinos [2017].

Current Approach

  1. Identify the defendant's factual knowledge or belief.
  2. Assess if, with that belief, the actions are dishonest by ordinary standards.

Example

Finding and keeping a wallet, believing the owner is untraceable, would likely be seen as dishonest.

Intention to Permanently Deprive: Treating as One's Own

This involves the intention to treat property as one's own, even with plans to return it.

Key Aspects

  1. Temporary deprivation must amount to outright taking (section 6(1)).
  2. Intent must exist at appropriation, even if conditional (R v Easom [1971]).
  3. Disposing of property against owner’s rights equals permanent deprivation.

Scenarios

  • Pawning: If redemption likelihood is low, intention may be present (R v Lloyd [1985]).
  • Reckless "Borrowing": Taking with intent to return, while being reckless about it, suffices (R v Warner 1970).

Example

A student keeps a library textbook for its notes, illustrating intent to permanently deprive by treating it as their own.

Case Studies: Real-World Applications

Case Study 1: The Stolen Laptop

A student borrows a library laptop for urgent work, returning it damaged. Is this theft?

Analysis:

  • Appropriation: Ownership rights assumed by taking the laptop.
  • Property: The laptop is physical property.
  • Belonging to Another: Owned by the library.
  • Dishonesty: Unauthorized borrowing and damage imply dishonesty.
  • Intention to Permanently Deprive: Damage may reflect this intent, as it renders the item unusable.

Conclusion

Examining theft under Section 1 of the Theft Act 1968 requires understanding its detailed components. Through practical scenarios and cases, students can more clearly understand these legal definitions. Engaging with texts and case law offers further preparation for the FLK2 exam, helping students tackle complex legal analysis and reasoning.