Theft — Main Cases And Chains

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.

Definition Of Theft

Under s1 Theft Act 1968:

• Theft Occurs Where A Person
• Dishonestly
• Appropriates
• Property
• Belonging To Another
• With Intention To Permanently Deprive

Core Theft Structure

Universal Theft Chain

• Defendant Assumes Rights Of Owner
• Property Exists
• Property Belongs To Another
• Conduct Is Dishonest
• Defendant Intends Permanent Deprivation
• Theft Established

Appropriation Chains

Definition Of Appropriation

Chain

• Defendant Assumes Rights Of Owner
• Any One Right May Be Sufficient
• Consent Does Not Necessarily Prevent Appropriation
• Assumption Of Rights Establishes Appropriation

Main Case — R v Morris

Principle

• Switching Price Labels Amounted To Assumption Of Owner Rights
• Any Single Right Of Owner May Constitute Appropriation

Main Case — R v Gomez

Principle

• Consent Does Not Prevent Appropriation
• Appropriation May Occur Even With Owner Permission

Main Case — R v Hinks

Principle

• Valid Gifts May Still Amount To Appropriation
• Consent Does Not Automatically Remove Liability

Main Case — Lawrence v Metropolitan Police Commissioner

Principle

• Appropriation Can Occur Despite Victim Consent

Appropriation High-Level Chain

• Defendant Assumes Owner Rights
• Consent May Still Exist
• Any Owner Right Sufficient
• Appropriation Established

Property Chains

Definition Of Property

Under s4 Theft Act 1968 Property Includes:

• Money
• Personal Property
• Real Property
• Things In Action
• Intangible Property

Property Chain

• Property Must Exist
• Property Must Fall Within s4 Definition
• Tangible Or Intangible Property May Qualify
• Property Element Established

Main Case — Oxford v Moss

Principle

• Confidential Information Not Property Under Theft Act

Main Case — Kelly And Lindsay

Principle

• Body Parts May Become Property If Skill Applied

Main Case — Attorney General’s Reference (No 1 of 1983)

Principle

• Electricity Not Property Under Theft Act

Property High-Level Chain

• Property Exists
• Falls Within Statutory Definition
• Ownership/Value Not Essential
• Property Element Established

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.

Belonging To Another Chains

Definition

Under s5 Theft Act 1968:

• Property Belongs To Any Person
• Having Possession
• Control
• Proprietary Interest

Belonging To Another Chain

• Victim Has Possession Or Control
• Ownership Not Necessary
• Temporary Possession Sufficient
• Property Belongs To Another

Main Case — R v Turner

Principle

• Defendant Stole Own Car Because Garage Had Possession

Main Case — Woodman

Principle

• Possession And Control Sufficient Even Without Knowledge

Main Case — R v Hall

Principle

• Property Given For Specific Purpose May Still Belong To Another

Main Case — Davidge v Bunnett

Principle

• Money Given For Bills Belonged To Contributors

Main Case — Wain

Principle

• Charity Money Collected Still Belonged To Charity

Belonging To Another High-Level Chain

• Victim Has Possession/Control
• Ownership Not Required
• Temporary Control Sufficient
• Property Belongs To Another

Dishonesty Chains

Definition Of Dishonesty

Dishonesty Determined Using:

• Ordinary Honest Person Standards
• Defendant’s Knowledge/Beliefs Considered

Dishonesty Chain

• Defendant Knows Relevant Facts
• Jury Applies Ordinary Honest Standards
• Conduct Considered Dishonest
• Dishonesty Established

Main Case — Barton And Booth

Principle

• Modern Objective Dishonesty Test

Previous Dishonesty Test

Main Case — R v Ghosh

Principle

• Earlier Two-Stage Dishonesty Test

Transition Chain

• Ghosh Included Subjective Element
• Courts Criticised Complexity
• Barton And Booth Simplified Test
• Modern Objective Standard Applied

Section 2 Theft Act 1968

Dishonesty Not Established Where Defendant Believes:

• Legal Right Exists
• Owner Would Consent
• Owner Cannot Be Found

Main Case — Small

Principle

• Genuine Belief Vehicle Was Abandoned Prevented Dishonesty

Main Case — Holden

Principle

• Genuine Belief In Permission Prevented Dishonesty

Dishonesty High-Level Chain

• Defendant Knows Circumstances
• Honest Standards Applied
• Conduct Considered Dishonest
• Mens Rea Established

Intention To Permanently Deprive Chains

Definition

Under s6 Theft Act 1968:

• Defendant Intends To Treat Property As Own
• Regardless Of Owner Rights

IPD Chain

• Defendant Treats Property As Own
• Property Not Properly Returned
• Borrowing May Sometimes Suffice
• Permanent Deprivation Intended

Main Case — Velumyl

Principle

• Returning Different Money Still Amounted To IPD

Main Case — Lloyd

Principle

• Temporary Borrowing Insufficient Unless Goodness/Virtue Gone

Main Case — Lavender

Principle

• Treating Property As Own Established IPD

Main Case — Easom

Principle

• Conditional Intent Insufficient Without Decision To Steal

IPD High-Level Chain

• Defendant Treats Property As Own
• Intention To Return Equivalent Property Insufficient
• Borrowing Sometimes Sufficient
• IPD Established

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.

Consent And Theft Chains

Consent Chain

• Consent Does Not Automatically Prevent Theft
• Appropriation May Still Exist
• Dishonesty Still Considered
• Theft Liability May Arise

Main Cases

Conditional Intent Chains

Conditional Intent

Chain

• Defendant Intends Theft If Certain Condition Met
• Conditional Intent May Establish Mens Rea
• Court Examines Defendant Decision

Main Case — Easom

Principle

• No Theft Where Defendant Had Not Decided To Steal Particular Property

Main Case — Attorney General’s Reference (Nos 1 And 2 Of 1979)

Principle

• Conditional Intent May Constitute Mens Rea

Borrowing Chains

Borrowing And Theft

Chain

• Borrowing Usually Temporary
• Temporary Borrowing Normally Insufficient
• Borrowing Equivalent To Outright Taking May Suffice
• Loss Of Goodness/Virtue Important

Main Case — Lloyd

Principle

• Temporary Borrowing Did Not Amount To IPD Because Films Returned Intact

Main Case — Velumyl

Principle

• Returning Different Notes Did Not Prevent Theft

Lost Property Chains

Lost Property

Chain

• Lost Property May Still Belong To Another
• Finder Must Take Reasonable Steps
• Dishonest Keeping May Constitute Theft

Main Case — Rostron

Principle

• Golf Balls Recovered From Lake Still Belonged To Club

Main Case — Small

Principle

• Genuine Belief Property Was Abandoned Prevented Dishonesty

Theft Universal Exam Chain

• Defendant Appropriates
• Property Exists
• Property Belongs To Another
• Dishonesty Established
• Intention To Permanently Deprive Established
• Theft Liability Complete

High-Level Theft Chains

Appropriation Universal Chain

• Defendant Assumes Rights Of Owner
• Consent May Still Exist
• Any Owner Right Sufficient
• Appropriation Established

Dishonesty Universal Chain

• Defendant Knows Relevant Facts
• Honest Standards Applied
• Conduct Considered Dishonest
• Mens Rea Established

IPD Universal Chain

• Defendant Treats Property As Own
• Permanent Return Not Intended
• Borrowing Equivalent To Outright Taking
• IPD Established

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.

Most Important Theft Cases To Memorise

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.