Main Terms and Definitions Theft
Theft — Main Terms And Definitions
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.
Theft
Definition
Under s1 Theft Act 1968:
• Theft Occurs Where A Person
• Dishonestly
• Appropriates
• Property
• Belonging To Another
• With Intention To Permanently Deprive
Appropriation
Definition
Under s3 Theft Act 1968:
• Appropriation Means Assumption Of Rights Of Owner
Key Points
• Any One Owner Right May Suffice
• Consent Does Not Prevent Appropriation
• Appropriation May Occur Through Taking, Selling, Using Or Destroying Property
Main Cases
| Case | Principle |
|---|---|
| Morris | Any One Owner Right Sufficient |
| Gomez | Consent Does Not Prevent Appropriation |
| Hinks | Valid Gifts May Still Be Appropriation |
Property
Definition
Under s4 Theft Act 1968:
Property Includes:
• Money
• Real Property
• Personal Property
• Things In Action
• Intangible Property
Key Points
• Tangible And Intangible Property Included
• Confidential Information Usually Not Property
• Electricity Not Property Under Theft Act
Main Cases
| 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 |
Belonging To Another
Definition
Under s5 Theft Act 1968:
• Property Belongs To Any Person Having
• Possession
• Control
OR
• Proprietary Interest
Key Points
• Ownership Not Necessary
• Temporary Possession Sufficient
• Shared Interests May Exist
Main Cases
| Case | Principle |
|---|---|
| Turner | Can Steal Own Property |
| Woodman | Possession/Control Sufficient |
| Hall | Property Given For Specific Purpose Still Belongs To Another |
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.
Dishonesty
Definition
• Conduct Considered Contrary To Ordinary Honest Standards
Modern Test
Under Barton And Booth:
• Court Determines Defendant’s Knowledge/Beliefs
• Jury Applies Ordinary Honest Person Standards
Section 2 Theft Act 1968
Dishonesty Not Established Where Defendant Believes:
• Legal Right Exists
• Owner Would Consent
• Owner Cannot Be Found By Taking Reasonable Steps
Main Cases
| Case | Principle |
|---|---|
| Barton And Booth | Modern Objective Test |
| Ghosh | Previous Two-Stage Test |
| Holden | Genuine Belief In Permission Prevented Dishonesty |
| Small | Genuine Belief Property Abandoned Prevented Dishonesty |
Intention To Permanently Deprive (IPD)
Definition
Under s6 Theft Act 1968:
• Defendant Intends To Treat Property As Own
• Regardless Of Owner Rights
Key Points
• Returning Equivalent Property Usually Insufficient
• Borrowing May Amount To Theft If Goodness/Virtue Gone
• Treating Property As Own Important
Main Cases
| Case | Principle |
|---|---|
| Velumyl | Returning Different Money Still Theft |
| Lloyd | Temporary Borrowing Usually Insufficient |
| Lavender | Treating Property As Own Established IPD |
Consent
Definition
• Permission Given By Owner/Victim
Key Points
• Consent Does Not Automatically Prevent Theft
• Consent May Still Exist Alongside Appropriation
Main Cases
| Case | Principle |
|---|---|
| Gomez | Consent Does Not Prevent Appropriation |
| Hinks | Valid Consent/Gifts Still May Create Theft |
| Lawrence | Consent Not Decisive |
Conditional Intent
Definition
• Intention To Steal If Certain Condition Met
Key Points
• Conditional Intent May Establish Theft
• Mere Possibility Insufficient Without Decision
Main Cases
| Case | Principle |
|---|---|
| Easom | Mere Inspection Insufficient |
| AG Ref Nos 1 And 2 Of 1979 | Conditional Intent May Suffice |
Borrowing
Definition
• Temporary Taking Of Property
Key Points
• Temporary Borrowing Normally Not Theft
• Borrowing Equivalent To Outright Taking May Create IPD
Main Cases
| Case | Principle |
|---|---|
| Lloyd | Temporary Borrowing Not Theft |
| Velumyl | Returning Different Property Still Theft |
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.
Lost Property
Definition
• Property Mislaid By Owner But Still Legally Owned
Key Points
• Lost Property May Still Belong To Another
• Finder Must Take Reasonable Steps To Trace Owner
• Dishonest Keeping May Constitute Theft
Main Cases
| Case | Principle |
|---|---|
| Rostron | Lost Golf Balls Still Belonged To Club |
| Small | Genuine Belief Property Abandoned Prevented Theft |
Stolen Goods
Definition
• Property Obtained Through Theft Related Offence
Key Points
• Includes Property From Theft, Robbery, Fraud, Burglary
• Goods Remain Stolen Until Properly Recovered
Main Cases
| Case | Principle |
|---|---|
| Haughton v Smith | Recovered Goods No Longer Stolen |
| Smith | Lawful Recovery Ends “Stolen” Status |
Handling Stolen Goods
Definition
Under s22 Theft Act 1968:
• Dishonestly Receiving/Assisting With Stolen Goods
• Knowing Or Believing Goods Are Stolen
Key Points
• Must Occur After Theft Complete
• Original Thief Usually Cannot Also Handle Same Goods
Main Cases
| Case | Principle |
|---|---|
| Hale | Original Thief Cannot Also Handle |
| Kanwar | Handling Must Be Separate From Theft |
| Moys | Belief Stronger Than Suspicion Required |
Robbery
Definition
Under s8 Theft Act 1968:
• Theft Accompanied By Force
OR
• Fear Of Force
• Used Immediately Before/At Time Of Theft
Key Points
• Force May Be Minimal
• Theft Must Exist First
• Force Must Be Used “In Order To Steal”
Main Cases
| Case | Principle |
|---|---|
| Dawson And James | Minimal Force Sufficient |
| Hale | Theft Treated As Continuing Act |
| Clouden | Snatching Property May Be Force |
Burglary
Definition
Under s9 Theft Act 1968:
• Entering Building/Part Of Building
• As Trespasser
• With Intent To Commit Theft, GBH Or Criminal Damage
OR
• Committing/Attempting Theft Or GBH After Entry
Key Points
• Partial Entry May Suffice
• Trespass Includes Exceeding Permission
• Conditional Intent May Suffice
Main Cases
| Case | Principle |
|---|---|
| Brown | Partial Entry Sufficient |
| Jones And Smith | Exceeding Permission Creates Trespass |
| Walkington | Restricted Area = Part Of Building |
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.
Blackmail
Definition
Under s21 Theft Act 1968:
• Unwarranted Demand
• With Menaces
• With View To Gain Or Intent To Cause Loss
Key Points
• Demand May Be Implied
• Threat Need Not Be Violent
• Economic/Reputational Threats Sufficient
Main Cases
| Case | Principle |
|---|---|
| Thorne v Motor Trade Association | Economic Pressure = Menaces |
| Harvey | Subjective Belief Important |
| Harry | Reputation Threats Constituted Menaces |
Fraud
Definition
Under Fraud Act 2006:
• Dishonest Conduct
• False Representation/Failure To Disclose/Abuse Of Position
• Intent To Gain/Cause Loss
Key Points
• Actual Gain/Loss Not Necessary
• Representation May Be Implied
• Abuse Of Position Includes Informal Trust Relationships
Main Cases
| Case | Principle |
|---|---|
| Idrees | Impersonation = False Representation |
| DPP v Ray | Continuing Representation |
| Valujevs | Informal Trust Relationship Sufficient |
Aggravated Burglary
Definition
Under s10 Theft Act 1968:
• Burglary Committed While Possessing
• Weapon Of Offence
• Firearm
OR
• Explosive
Key Points
• Weapon Need Not Be Used
• Mere Possession Sufficient
Main Cases
| Case | Principle |
|---|---|
| Stones v Haskins | Possession Alone Sufficient |
| Kelly | Everyday Object May Become Weapon |
Most Important Theft Terms To Memorise
| Term | Core Meaning |
|---|---|
| Appropriation | Assumption Of Owner Rights |
| Property | Tangible/Intangible Property |
| Belonging To Another | Possession/Control |
| Dishonesty | Against Honest Standards |
| IPD | Treating Property As Own |
| Consent | Permission From Owner |
| Conditional Intent | Intent Depending On Situation |
| Lost Property | Mislaid But Still Owned |
| Stolen Goods | Criminally Obtained Property |
| Trespasser | No Permission/Exceeded Permission |
| Menaces | Threat/Pressure |
| Gain/Loss | Financial Benefit Or Harm |
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.