TheftTheft

Criminal Law A2Criminal Law A2

ObjectivesObjectives

Understand what makes an act a Understand what makes an act a thefttheft

Apply case law to advice someone on Apply case law to advice someone on their potential criminal liabilitytheir potential criminal liability

TheftTheft

S1 of the Theft Act 1968 sets out the S1 of the Theft Act 1968 sets out the definition of the crimedefinition of the crime

Copy out the definition of Theft Pg Copy out the definition of Theft Pg 127 Jackie Martin book127 Jackie Martin book

S2-6 explains what each part of the S2-6 explains what each part of the definition in S1 means.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 1968Theft Act 1968

S2-DishonestlyS2-Dishonestly

S3-AppropriateS3-Appropriate

S4-PropertyS4-Property

S5-Belonging to anotherS5-Belonging to another

S6S6--IntentionIntention to permanently deprive to permanently deprive another of it.another of it.

OwnershipOwnership

Property must belong to anotherProperty must belong to another Usually if you have possession and Usually if you have possession and

control of it, you are the legal ownercontrol of it, you are the legal owner However However

hire of goods, hire of goods, looking after things for someone elselooking after things for someone else

Possession or control does not have to Possession or control does not have to be lawful. If A steals from B then C be lawful. If A steals from B then C steals from C. C can still be guilty of steals from C. C can still be guilty of thefttheft

S3 AppropriateS3 AppropriatePhysically taking Physically taking Write down the definition of S3.1 (pg 127)Write down the definition of S3.1 (pg 127)Any assumption of rights if an owner is Any assumption of rights if an owner is

appropriateappropriateRights of an owner:- Sell- Rights of an owner:- Sell- Pitham And Hehl 1977Pitham And Hehl 1977

Hire, Lend, Consume, Use it, Posses it Hire, Lend, Consume, Use it, Posses it Destroy it -Destroy it -Morris 1983Morris 1983

Destroy property belonging to another can also be Destroy property belonging to another can also be criminal damage. Throwing away can be destroycriminal damage. Throwing away can be destroy

Paying for goods with an invalid cheque is also Paying for goods with an invalid cheque is also appropriate (theft) – R V Gomez 1992appropriate (theft) – R V Gomez 1992

ConsentConsent If the owner has consented to the appropriation If the owner has consented to the appropriation

can still be theft.can still be theft. Laurence 1971- Taxi driver helped himself to Laurence 1971- Taxi driver helped himself to

more than the fare- dishonestmore than the fare- dishonest Gomez 1993- Goods bought with invalid cheques- Gomez 1993- Goods bought with invalid cheques-

deceptiondeception Hinks 2000- Gifts (£60000 +) from Naive man Hinks 2000- Gifts (£60000 +) from Naive man

with low IQ – no deception- Would reasonable with low IQ – no deception- Would reasonable man would consider gifts unreasonableman would consider gifts unreasonable

Appropriate take ownership/rights of ownerAppropriate take ownership/rights of owner Can also happen where D gets property without Can also happen where D gets property without

stealing it, then decides to appropriate owners stealing it, then decides to appropriate owners rights. E.g. Not returning a video (hired)rights. E.g. Not returning a video (hired)

S4 PropertyS4 Property Right down the definition of propertyRight down the definition of property

Money- cash, use of debit cards or foreign coin in Money- cash, use of debit cards or foreign coin in a machine can be thefta machine can be theft

Using a credit card to pay for goods is deception Using a credit card to pay for goods is deception S15 of TA1968S15 of TA1968

Real- confusion in act says Land can not be stolen Real- confusion in act says Land can not be stolen but then says soil, shrubs, plants, structures but then says soil, shrubs, plants, structures sitting on land can be. Personal-inc Videos, sitting on land can be. Personal-inc Videos, Camera, phones, car anything near and dearCamera, phones, car anything near and dear

Things in Action and other intangible property can Things in Action and other intangible property can not be touched but are important to most who not be touched but are important to most who possess them e.g. copyright, shares, bank possess them e.g. copyright, shares, bank accountsaccounts

Property includes money and all other property, real or personal including things in action and other intangible property

Things which Can not be stolenThings which Can not be stolen

Information can be sold and has value but is Information can be sold and has value but is not regarded as property. Two Cases, Two not regarded as property. Two Cases, Two different resultsdifferent results Oxford V Moss 1979Oxford V Moss 1979 R V Akbar 2002R V Akbar 2002

Electricity can not be stolen however S11 TA Electricity can not be stolen however S11 TA 1968 dishonest use of or dishonest 1968 dishonest use of or dishonest causing waste or diversion of electricitycausing waste or diversion of electricity

Wild plants cannot be stolen unless taken for Wild plants cannot be stolen unless taken for personal gain. personal gain.

Taking wild animals not theft- poachingTaking wild animals not theft- poaching

Activity Activity

Which of these following scenarios would Which of these following scenarios would be theftbe theft

Faika was walking home from school Faika was walking home from school across a field. She stopped to pick a few across a field. She stopped to pick a few blackberries which she ate as she blackberries which she ate as she walked.walked.

Faika then told Azram about the berries. Faika then told Azram about the berries. He decided with Qaid to pick the berries He decided with Qaid to pick the berries and sell them to Mrs Khan the cookery and sell them to Mrs Khan the cookery teacher at challenge college.teacher at challenge college.

Thinking PointThinking 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 Why was one case classed as theft

and the other not?and the other not?

Give reasons for your answersGive reasons for your answers

Pitham And Hehl 1977Pitham And Hehl 1977

D had sold furniture belonging to another D had sold furniture belonging to another person. person.

Offer to sell was assumption of owners Offer to sell was assumption of owners rights and took place at that pointrights and took place at that point

Does not matter whether the furniture had Does not matter whether the furniture had never left the house or not.never left the house or not.

Even if owner had never been deprived of Even if owner had never been deprived of the property appropriation took place the property appropriation took place when D assumed the rights of the owner when D assumed the rights of the owner to offer the furniture for sale. to offer the furniture for sale.

S2 DishonestlyS2 DishonestlyFirst Part of Mens reaFirst Part of Mens reaD must have appropriated property dishonestlyD must have appropriated property dishonestlyMotive is not relevant- Gain or own benefitMotive is not relevant- Gain or own benefitAct does not define dishonest but does say what Act does not define dishonest but does say what Dishonest is Not Dishonest is Not In law right to deprive other of it on behalf of In law right to deprive other of it on behalf of

himself or 1/3 partyhimself or 1/3 party Owner would give him consent to appropriate the Owner would give him consent to appropriate the

property if he knew about itproperty if he knew about it Person who owns it cannot be foundPerson who owns it cannot be found Willing to pay for things does not prevent the Willing to pay for things does not prevent the

appropriation from being dishonest. appropriation from being dishonest.

Ghosh TestGhosh Test

This case sets out what is meant by This case sets out what is meant by dishonestdishonest

Objective and Subjective testObjective and Subjective test For jury to decideFor jury to decide Was what was done dishonest Was what was done dishonest

according to standards of reasonable according to standards of reasonable and honest people?and honest people?

Did D realise that what he was doing Did D realise that what he was doing was dishonest by those standardswas dishonest by those standards

Intention To Permanently DepriveIntention To Permanently Deprive

Often no doubt of thisOften no doubt of this Sell item, spend money- Velumyl 1989Sell item, spend money- Velumyl 1989 Destroy item- DPP V Lavender 1994Destroy item- DPP V Lavender 1994 Borrowing an item and using the Borrowing an item and using the

practical value of it up- Lloyd practical value of it up- Lloyd If you take something and then return If you take something and then return

it unlikely to be intention to it unlikely to be intention to permanently deprivepermanently deprive

Intention To Permanently DepriveIntention To Permanently Deprive

Aqib borrows Mauzma lunch card Aqib borrows Mauzma lunch card without her knowledge to pay for his without her knowledge to pay for his lunch. He then returns the card to lunch. He then returns the card to Mauzma. Is this theft?Mauzma. Is this theft?

Ghazala wants to do some extra Ghazala wants to do some extra reading and takes a book from Mrs reading and takes a book from Mrs Howe box, without her knowledge. Howe box, without her knowledge. She then decides the book is no good She then decides the book is no good and returns the book the week after. and returns the book the week after. Is this theft?Is this theft?

TaskTask

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

ActivityActivity

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

ActivityActivity

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

Problems With The LawProblems With The Law

The Theft Act was created in 1968. A The Theft Act was created in 1968. A lot has changed since then Carry out lot has changed since then Carry out research to identifyresearch to identify

What are the problems with this area What are the problems with this area of Lawof Law

How should things be changed and How should things be changed and whywhy

Morris Morris

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

Oxford V Moss 1979Oxford V Moss 1979

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

R V AkbarR V Akbar

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

HomeworkHomework

Create a mind map of the main details Create a mind map of the main details of the offence of Theftof the offence of Theft

Include:-Include:-

DefinitionDefinition

Actus ReusActus Reus

Mens ReaMens Rea

What must be shown to prosecute for What must be shown to prosecute for thefttheft