Theft Criminal Law A2

Objectives Understand what makes an act a theft Understand what makes an act a theft Apply case law to advice someone on their potential criminal liability Apply case law to advice someone on their potential criminal liability

Theft S1 of the Theft Act 1968 sets out the definition of the crime S1 of the Theft Act 1968 sets out the definition of the crime Copy out the definition of Theft Pg 127 Jackie Martin book Copy out the definition of Theft Pg 127 Jackie Martin book S2-6 explains what each part of the definition in S1 means. S2-6 explains what each part of the definition in S1 means. A person is guilty of theft if he dishonestly appropriate property belonging to another with the intention to permanently depriving the other of it.

Theft Act 1968 S2-DishonestlyS3-AppropriateS4-Property S5-Belonging to another S6-Intention to permanently deprive another of it.

Ownership Property must belong to another Property must belong to another Usually if you have possession and control of it, you are the legal owner Usually if you have possession and control of it, you are the legal owner However However hire of goods, hire of goods, looking after things for someone else looking after things for someone else Possession or control does not have to be lawful. If A steals from B then C steals from C. C can still be guilty of theft Possession or control does not have to be lawful. If A steals from B then C steals from C. C can still be guilty of theft

S3 Appropriate Physically taking Write down the definition of S3.1 (pg 127) Any assumption of rights if an owner is appropriate Rights of an owner:- Sell- Pitham And Hehl 1977 Hire, Lend, Consume, Use it, Posses it Destroy it - Morris 1983 Destroy property belonging to another can also be criminal damage. Throwing away can be destroy Paying for goods with an invalid cheque is also appropriate (theft) – R V Gomez 1992

Consent If the owner has consented to the appropriation can still be theft. If the owner has consented to the appropriation can still be theft. Laurence Taxi driver helped himself to more than the fare- dishonest Laurence Taxi driver helped himself to more than the fare- dishonest Gomez Goods bought with invalid cheques- deception Gomez Goods bought with invalid cheques- deception Hinks Gifts (£ ) from Naive man with low IQ – no deception- Would reasonable man would consider gifts unreasonable Hinks Gifts (£ ) from Naive man with low IQ – no deception- Would reasonable man would consider gifts unreasonable Appropriate take ownership/rights of owner Appropriate take ownership/rights of owner Can also happen where D gets property without stealing it, then decides to appropriate owners rights. E.g. Not returning a video (hired) Can also happen where D gets property without stealing it, then decides to appropriate owners rights. E.g. Not returning a video (hired)

S4 Property Right down the definition of property Right down the definition of property Money- cash, use of debit cards or foreign coin in a machine can be theft Money- cash, use of debit cards or foreign coin in a machine can be theft Using a credit card to pay for goods is deception S15 of TA1968 Using a credit card to pay for goods is deception S15 of TA1968 Real- confusion in act says Land can not be stolen but then says soil, shrubs, plants, structures sitting on land can be. Personal-inc Videos, Camera, phones, car anything near and dear Real- confusion in act says Land can not be stolen but then says soil, shrubs, plants, structures sitting on land can be. Personal-inc Videos, Camera, phones, car anything near and dear Things in Action and other intangible property can not be touched but are important to most who possess them e.g. copyright, shares, bank accounts Things in Action and other intangible property can not be touched but are important to most who possess them e.g. copyright, shares, bank accounts Property includes money and all other property, real or personal including things in action and other intangible property

Things which Can not be stolen Information can be sold and has value but is not regarded as property. Two Cases, Two different results Oxford V Moss 1979 Oxford V Moss 1979 R V Akbar 2002 R V Akbar 2002 Electricity can not be stolen however S11 TA 1968 dishonest use of or dishonest causing waste or diversion of electricity Wild plants cannot be stolen unless taken for personal gain. Taking wild animals not theft- poaching

Activity Which of these following scenarios would be theft Faika was walking home from school across a field. She stopped to pick a few blackberries which she ate as she walked. Faika was walking home from school across a field. She stopped to pick a few blackberries which she ate as she walked. Faika then told Azram about the berries. He decided with Qaid to pick the berries and sell them to Mrs Khan the cookery teacher at challenge college. Faika then told Azram about the berries. He decided with Qaid to pick the berries and sell them to Mrs Khan the cookery teacher at challenge college.

Thinking Point What do you think about the cases What do you think about the cases Do you think the outcomes were fair? Do you think the outcomes were fair? Why was one case classed as theft and the other not? Why was one case classed as theft and the other not? Give reasons for your answers Give reasons for your answers

Pitham And Hehl 1977 D had sold furniture belonging to another person. D had sold furniture belonging to another person. Offer to sell was assumption of owners rights and took place at that point Offer to sell was assumption of owners rights and took place at that point Does not matter whether the furniture had never left the house or not. Does not matter whether the furniture had never left the house or not. Even if owner had never been deprived of the property appropriation took place when D assumed the rights of the owner to offer the furniture for sale. Even if owner had never been deprived of the property appropriation took place when D assumed the rights of the owner to offer the furniture for sale.

S2 Dishonestly First Part of Mens rea D must have appropriated property dishonestly Motive is not relevant- Gain or own benefit Act does not define dishonest but does say what Dishonest is Not In law right to deprive other of it on behalf of himself or 1/3 party In law right to deprive other of it on behalf of himself or 1/3 party Owner would give him consent to appropriate the property if he knew about it Owner would give him consent to appropriate the property if he knew about it Person who owns it cannot be found Person who owns it cannot be found Willing to pay for things does not prevent the appropriation from being dishonest. Willing to pay for things does not prevent the appropriation from being dishonest.

Ghosh Test This case sets out what is meant by dishonest This case sets out what is meant by dishonest Objective and Subjective test Objective and Subjective test For jury to decide For jury to decide Was what was done dishonest according to standards of reasonable and honest people? Was what was done dishonest according to standards of reasonable and honest people? Did D realise that what he was doing was dishonest by those standards Did D realise that what he was doing was dishonest by those standards

Intention To Permanently Deprive Often no doubt of this Often no doubt of this Sell item, spend money- Velumyl 1989 Sell item, spend money- Velumyl 1989 Destroy item- DPP V Lavender 1994 Destroy item- DPP V Lavender 1994 Borrowing an item and using the practical value of it up- Lloyd Borrowing an item and using the practical value of it up- Lloyd If you take something and then return it unlikely to be intention to permanently deprive If you take something and then return it unlikely to be intention to permanently deprive

Intention To Permanently Deprive Aqib borrows Mauzma lunch card without her knowledge to pay for his lunch. He then returns the card to Mauzma. Is this theft? Ghazala wants to do some extra reading and takes a book from Mrs Howe box, without her knowledge. She then decides the book is no good and returns the book the week after. Is this theft?

Task Complete the Activity on pg 139 Jackie Martin A2 Criminal Law Complete the Activity on pg 139 Jackie Martin A2 Criminal Law

Activity Create A Table of cases to explain the case law on Theft Create A Table of cases to explain the case law on Theft

Activity Pg 142 Read the activity and answer the question Pg 142 Read the activity and answer the question

Problems With The Law The Theft Act was created in A lot has changed since then Carry out research to identify The Theft Act was created in A lot has changed since then Carry out research to identify What are the problems with this area of Law What are the problems with this area of Law How should things be changed and why How should things be changed and why

Morris D changed the prices on goods in the supermarket, then took the goods to the till where the cashier recognised the fiddle. D argued not left the shop and was going to pay (reduced price) H of L held the offence took place when D appropriated the rights of the owner i.e. determine the selling price of the item. D changed the prices on goods in the supermarket, then took the goods to the till where the cashier recognised the fiddle. D argued not left the shop and was going to pay (reduced price) H of L held the offence took place when D appropriated the rights of the owner i.e. determine the selling price of the item.

Oxford V Moss 1979 A student at Liverpool university obtained a draft copy of his civil engineering paper, noted the contents and then returned the item from where it was taken. Charged with Theft- Mags dismissed no intention to permanently deprive, even if he had all he needed. A student at Liverpool university obtained a draft copy of his civil engineering paper, noted the contents and then returned the item from where it was taken. Charged with Theft- Mags dismissed no intention to permanently deprive, even if he had all he needed.

R V Akbar Mrs A was a teacher at a secondary school in Croydon. Her husband ran a tutorial college where she also taught private students. She managed to steal five GCSE Maths examination papers from the school where she had worked for thirteen years. G of theft and 3m in prison Mrs A was a teacher at a secondary school in Croydon. Her husband ran a tutorial college where she also taught private students. She managed to steal five GCSE Maths examination papers from the school where she had worked for thirteen years. G of theft and 3m in prison

Homework Create a mind map of the main details of the offence of Theft Include:-Definition Actus Reus Mens Rea What must be shown to prosecute for theft