Main Cases and Statutes for Theft
Theft — Main Cases And Statutes
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.
Main Statute For Theft
| Statute | Importance |
|---|---|
| Theft Act 1968 | Main Law Governing Theft Offences |
Section 1 Theft Act 1968 — Definition Of Theft
Rule
• Dishonestly
• Appropriates
• Property
• Belonging To Another
• With Intention To Permanently Deprive
Key Importance
• Forms Foundation Of Entire Theft Offence
• Every Element Must Be Proven
Theft Core Chain
• Appropriation Occurs
• Property Exists
• Property Belongs To Another
• Dishonesty Proven
• Intention To Permanently Deprive Proven
• Theft Established
Section 3 Theft Act 1968 — Appropriation
Rule
• Any Assumption Of Rights Of Owner Constitutes Appropriation
Key Importance
• Even One Owner Right Sufficient
• Consent Does Not Necessarily Prevent Appropriation
Main Cases For Appropriation
| Case | Principle |
|---|---|
| Morris | Any One Owner Right Sufficient |
| Gomez | Consent Does Not Prevent Appropriation |
| Hinks | Valid Gift May Still Be Appropriation |
| Lawrence | Consent Not Decisive |
Morris Chain
• Defendant Switched Price Labels
• Assumed Owner Rights
• Any Single Right Sufficient
• Appropriation Established
Gomez Chain
• Property Obtained With Consent
• Consent Induced By Fraud
• Consent Did Not Prevent Appropriation
• Theft Liability Possible
Hinks Chain
• Victim Voluntarily Gifted Property
• Defendant Dishonestly Accepted Gift
• Valid Consent Did Not Prevent Appropriation
• Theft 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.
Section 4 Theft Act 1968 — Property
Rule
Property Includes:
• Money
• Real Property
• Personal Property
• Things In Action
• Intangible Property
Main Cases For Property
| Case | Principle |
|---|---|
| Oxford v Moss | Confidential Information Not Property |
| Kelly And Lindsay | Body Parts May Become Property |
| AG Ref No 1 of 1983 | Electricity Not Property |
Oxford v Moss Chain
• Defendant Took Confidential Information
• Information Lacked Property Status
• No Property Under Theft Act
• Theft Failed
Kelly And Lindsay Chain
• Body Parts Removed
• Skill Applied To Preserve Parts
• Property Status Created
• Theft Possible
AG Ref No 1 of 1983 Chain
• Defendant Used Electricity Dishonestly
• Electricity Not Property Under s4
• Theft Could Not Apply
Section 5 Theft Act 1968 — Belonging To Another
Rule
• Property Belongs To Person Having
• Possession
• Control
OR
• Proprietary Interest
Main Cases For Belonging To Another
| Case | Principle |
|---|---|
| Turner | Can Steal Own Property |
| Woodman | Possession/Control Sufficient |
| Hall | Property Given For Specific Purpose Still Belonged To Another |
| Wain | Charity Money Belonged To Charity |
Turner Chain
• Defendant Took Own Car
• Garage Had Possession/Control
• Property Belonged To Another
• Theft Possible
Woodman Chain
• Scrap Metal Left On Site
• Company Controlled Site
• Possession/Control Sufficient
• Property Belonged To Another
Hall Chain
• Customer Gave Money For Holiday Booking
• Money Held For Specific Purpose
• Property Still Belonged To Customer
• Theft Possible
Section 2 Theft Act 1968 — Dishonesty
Rule
Dishonesty Not Established Where Defendant Believes:
• Legal Right Exists
• Owner Would Consent
• Owner Cannot Be Found By Reasonable Steps
Main Cases For Dishonesty
| Case | Principle |
|---|---|
| Barton And Booth | Modern Objective Dishonesty Test |
| Ghosh | Previous Two-Stage Test |
| Holden | Genuine Belief In Permission Prevented Dishonesty |
| Small | Belief Property Abandoned Prevented Dishonesty |
Barton And Booth Chain
• Court Assessed Defendant Knowledge/Beliefs
• Jury Applied Ordinary Honest Standards
• Objective Dishonesty Test Applied
Holden Chain
• Defendant Believed Permission Existed
• Honest Belief Prevented Dishonesty
• Theft Liability Failed
Small Chain
• Defendant Believed Car Abandoned
• Genuine Belief Prevented Dishonesty
• Theft Not 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.
Section 6 Theft Act 1968 — Intention To Permanently Deprive (IPD)
Rule
• Defendant Treats Property As Own
• Regardless Of Owner Rights
Main Cases For IPD
| Case | Principle |
|---|---|
| Velumyl | Returning Different Notes Still Theft |
| Lloyd | Temporary Borrowing Usually Not Theft |
| Lavender | Treating Property As Own Established IPD |
Velumyl Chain
• Defendant Took Money
• Intended To Return Different Notes
• Property Treated As Own
• IPD Established
Lloyd Chain
• Films Borrowed Temporarily
• Films Returned Intact
• Goodness/Virtue Not Lost
• No IPD
Lavender Chain
• Defendant Used Property For Own Purpose
• Ignored Owner Rights
• Treated Property As Own
• IPD Established
Conditional Intent Cases
| Case | Principle |
|---|---|
| Easom | Mere Possibility Insufficient |
| AG Ref Nos 1 And 2 Of 1979 | Conditional Intent May Suffice |
Easom Chain
• Defendant Examined Items
• No Final Decision To Steal
• Mere Possibility Insufficient
• Theft Failed
AG Ref Nos 1 And 2 Of 1979 Chain
• Defendant Intended Theft If Opportunity Arose
• Conditional Intent Accepted
• Mens Rea Established
Lost Property Cases
| Case | Principle |
|---|---|
| Rostron | Lost Property Still Belonged To Another |
| Small | Belief Property Abandoned Prevented Theft |
Rostron Chain
• Golf Balls Retrieved From Lake
• Club Retained Ownership Interest
• Property Belonged To Another
• Theft Possible
Theft Universal Exam Chain
• Defendant Appropriates Property
• Property Belongs To Another
• Conduct Dishonest
• Intention To Permanently Deprive Exists
• Theft Liability 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 Statutes To Memorise
| Section | Topic |
|---|---|
| s1 Theft Act 1968 | Definition Of Theft |
| s2 Theft Act 1968 | Dishonesty |
| s3 Theft Act 1968 | Appropriation |
| s4 Theft Act 1968 | Property |
| s5 Theft Act 1968 | Belonging To Another |
| s6 Theft Act 1968 | Intention To Permanently Deprive |
Most Important Theft Cases To Memorise
| Area | Case |
|---|---|
| Appropriation | Morris |
| Consent + Appropriation | Gomez |
| Gifts + Appropriation | Hinks |
| Confidential Information | Oxford v Moss |
| Property Rights | Kelly And Lindsay |
| Electricity | AG Ref No 1 of 1983 |
| Belonging To Another | Turner |
| Possession/Control | Woodman |
| Dishonesty | Barton And Booth |
| Previous Dishonesty Test | Ghosh |
| Genuine Belief | Holden |
| Abandoned Property | Small |
| IPD | Velumyl |
| Borrowing | Lloyd |
| Treating As Own | Lavender |
| Conditional Intent | Easom |
| Lost Property | Rostron |
Most Important Universal Chains
Appropriation Universal Chain
• Defendant Assumes Owner Rights
• Consent May Still Exist
• Any One Right Sufficient
• Appropriation Established
Dishonesty Universal Chain
• Defendant Knows Circumstances
• Honest Standards Applied
• Conduct Dishonest
• Mens Rea Established
IPD Universal Chain
• Defendant Treats Property As Own
• Permanent Return Not Intended
• Owner Rights Ignored
• IPD Established
Property Universal Chain
• Property Exists
• Falls Within s4 Definition
• Property Capable Of Being Stolen
• 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.