1. A bit of first thinking...
Question:
What is illegal to buy or
sell, but cannot be
stolen?

2. A2 Criminal Law (G153)
Miss Hart
Offences
Against Property [1]
Theft

3. You check your bank balance...
... And it reads £15,000
You find a rather than £650 so you
withdraw £1000 You take your
lottery ticket on car into the
the floor... garage...
Is there a
crime here?
... but you take
back the car
You see I’ve left the exam paper open on before the work
... You pick it up can begin
my desk...
and it wins without telling
£30,0000 them
... And you read it to
find out the questions

4. “A person is guilty of theft if he dishonestly
appropriates property belonging to another with the
intention of permanently depriving the other of it”
s.1 Theft Act 1968
Problems?
Student Tasks
Mens Rea
Or
Actus Reus?
Effect of pleading
intoxication?

5. Yet another excuse Miss H
will not accept!
Homework
1. Write up your response to the
section B question we planned in
class last lesson.
2. Complete your revision section
for the handout.
Both of these will be due in next
week without failure

6. s.3 Theft Act 1968 Does V need to not consent?
Appropriation
Lawrence
“an assumption by a person of the rights of an
owner amounts to an appropriation and this Morris
includes where he has come by the property
...without stealing it, any later assumption of a
right to it by keeping or dealing with it.”
Gomez
What rights does
Mazo
this include? Pitman
& Hehl Hinks
Morris
Briggs
Skipp

7. Consolidating your knowledge
To prove you understand what you’re doing...
Apply the law on appropriation to each of these. (Aim for a case to stretch yourself in your
explanation)
Case Facts? Has there been an Why?
appropriation?
D took whiskey from a display stand in a supermarket and put
it in his shopping bag, intending to steal it. He was stopped
before he got to the payment area.
McPherson
D put items from the supermarket shelves in a
trolley, meaning to steal them, but then changed his mind and
abandoned the trolley, walking out the store.
Eddy v Niman
D hired luxury cars in Germany. He drove them to England
where he sought to sell them.
Atakpu
DD were carers for 99 year old Betty and took over control
of her money after her daughter died. They benefited from
funds and shares and claimed that they were gifts, with
Betty’s consent, even if her mental capacity was failing.
Hopkins & Kendrick
You rent a movie from LoveFilm and love it so much, you say it
never arrived and keep it.

8. Starter:
Did you understand last lesson?
Can you spot the 10 mistakes in the section below?
Can you spot the 10 mistakes in the section below?
Theft is a continuing act, which means that all the elements must be present at the same
Theftin order for D toact, liable, as confirmed in the case of Skipp. It ispresent at intent
time is a continuing be which means that all the elements must be a specific the same
time in orderafor D to be liable, as confirmed in the case of Trash. It isa defence of
offence, It is basic intent offence, and so ordinarily, D cannot argue a basic intent
offence, and so ordinarily, D cannot argue a defence of intoxication.
intoxication.
In order to be liable, D must have taken the property. This applies applies D hadif D had V’s
In order to be liable, D must have appropriated the property. This even if even V’s consent
to the taking, as confirmed by the case theLawrence, where a where a italian student was
consent to the taking, as confirmed by of case of Lawrence, french student was deprived
of £6 for a bus rideacosting 57p. It has a very widevery wide interpretation, anddoing
deprived of £6 for bus ride costing 57p. It has a interpretation, and includes includes
anything to the to the property that an owner would do.
doing anything property that an owner would do.
In addition, the property must belong to another. This means that you can’t steal from
In addition, the property must belong to another. This means that you can steal from
yourself. However, there are some things that cannot be stolen such as bodies.
yourself.
As far as mens rea is concerned, D must be dishonest. This is an easy test as most people
As far as mens rea is concerned, D must be dishonest. This is an easy test as most people
share the same idea of what dishonesty is.
share the same idea of what dishonesty is.
Finally, D must be reckless as to whether or not they permanently deprive the owner of the
Finally, D must intend to permanently deprive the owner of the property.
property. However, permanance just meansof no it is of no use any more.
However, permanance just means until it is until use any more.

9. Property:
What does it include?
Can you steal wild
flowers?
Can you steal a
human body?
Can you steal
electricity?
Can you steal land?

10. Things in action
and intangible
property
Real or personal
property and land
s.4 Theft Act 1968 Oxford v Moss 1979
R v Kelly &
Lindsay
Property
What does the word
„property‟ mean?
Animals
Picking wild
flowers & fruit

11. Check your understanding:
How closely were you listening?
Identify what each of the following pictures is referring to, and decide whether or not it is
property under the Act
1.
2.
3.
4.
5.
6.

12. s.5 Theft Act 1968
Belonging to Another
“Any possession or control of it or any
proprietary interest or right”.

13. So what are the issues with ‘belonging’?
Can you steal from Does the victim still have
yourself? an interest in the
property?
Turner No. 2
Dyke & Munro Powell v McRae
What if you don’t
know you have the Marshall, Coombes & Eren
property…
Woodman
Stealing even if
legitimately given it!
Davidge v Bunnett
Can you steal
Klineberg &
Hall abandoned property?
Marsden
Rostron Small
Wain

14. Finally…
Being overpaid can be theft!
AG Ref No1 of 1983
But… if it’s not a valid contract it might be ok to
keep it!
Gilks
Student Thinking
How far do you think that this
statement is a correct statement
on the law? Why?

15. Got it? John picks up a jacket from the sofa in
the sixth form common room. It’s not
his. He puts it on and walks about. He
To show your understanding then finds a mobile phone in the
this lesson, pick one of the pocket, and uses it to phone his aunt in
three scenarios here and the USA.
explain why there is liability
for theft there. Sarah finds a purse on the floor of the
canteen. She opens it, but there is no
Remember your targets and identification. She asks the staff
those all important skills! whether they recognise it. They don’t.
She finds a scratchcard which won
£1000 in it, and decides to keep it.
A
A clear reason which addresses more
than one area of the definition, and is
clearly supported by well selected cases.
Joachim is an exchange student from
C A clear reason, which is supported by a
relevant , applied case
Germany. Joe, his exchange
partner, takes him to the canteen to buy
a hot chocolate. Joachim is unsure of
E A clear reason, which refers to one of the
elements of AR and may mention a case
English money and hands over a £20
note. Joe keeps the change.

16. A modern problem…
Can virtual theft have actual
consequences?
Is it capable of
being property?
Has it been
appropriated?
Does it ‘belong
to another’?

17. What is You are given a tea set by
your aunt, and have it
You are owed money by your
employer and so when you do
dishonesty?
valued. The auctioneer tells some extra work, you over
you it is worth £10 and buys charge them to get your money.
it from you. He then resells it
for its actual price of £1000 You are from a country where, if
TASK goods are put outside a
In pairs or threes, you are going to shop, you can just help yourself.
see 10 scenarios. You take £200 from Miss
You walk past a shop which has
Hart’s coffee fund to feed
clothes on display outside it
All of you need to decide whether the homeless.
and take a pair of jeans.
or not you would be dishonest
Most of you will be asked to You take £5 from your mum’s You are panicking about the
explain your decision purse to buy your lunch and Law Exam, and go into the
Some of you will be able to come travel to school. library and take one of the law
up with a test for how we tell if Your bag is stolen and you books, assuming the librarian
you are dishonest! make a claim. In the would be ok with this.
details, you say that your
phone is a better version than You go into the common room
it was, and that you had £50 and pick up your coat. It is not
in your wallet (you only had yours.
£5)
You are in supermarket and
You find an envelope on the notice that they have priced
floor and it has £100 in it. your favourite chocolates at
You look around and see a only 10p on the shelf, when
man disappearing in the they should be £10. You buy
distance. 10 packs.

18. s.2 Theft Act 1968
Dishonesty
So what does the law actually say?
(1) A person’s appropriation of property belonging to another is not to
be regarded as dishonest-
(a) if he appropriates the property in the belief that he has in law the
right to deprive the other of it, on behalf of himself or of a third
person; or
(b) if he appropriates the property in the belief that he would have
the other’s consent if the other knew of the appropriation and the
circumstances of it; or
(c) (except where the property came to him as trustee or personal
representative) if he appropriates the property in the belief that the
person to whom the property belongs cannot be discovered by taking
reasonable steps.
(2) A person’s appropriation of property belonging to another may be
dishonest notwithstanding that he is willing to pay for the property.

19. The dishonesty test:
R v Ghosh
1. Has D been dishonest by the
standards of the ordinary, honest
and reasonable person?
2. If the answer is yes, then did D
realise that they were dishonest by
those standards?
Only if the answer to both these
questions is yes can D be legally
dishonest.
Thinking:
Was Mr Small dishonest?

20. A council door... s.6 Theft Act 1968
From a skip to
a flat. Intention to
DPP v Lavender Permanently
Deprive
Money from a safe...
Intending to replace How ‘permanent’ is ‘permanent’?
that amount later.
R v Velumyl
How might
Is using but returning you
intact enough? ‘dispose’
of
R v Lloyd & Others property?
What if I only want something
if there’s something good to
steal?
R v Easom

21. Check your understanding...
Quick test: match the section to the element, and the pictorial case clue!
s.2 s.5 s.3 s.6 s.4
Intention to permanently
Property Appropriation
deprive
Dishonesty Belonging to another

22. What’s wrong?
Look at each of these situations and tell me what is
wrong. Why is there no theft?
1. Sue takes Sandra’s DVD, watches it 6. James gives Louis £200 as a
and then puts it back. holding deposit on a holiday.
7. Ken finds £5 on the floor and
2. Jemima is cheap and hacks into her keeps it.
neighbour’s electricity supply.
8. Skipper looks at an exam paper.
3. Richard picks wild flowers for his
wife
9. Julia picks up gnomes outside
4. Paul picks up a gold garden shops to take home, just as
watch, intending to take it, but she would in her homeland of
abandons it before leaving the Toadstool.
shop. .
5. Jamie picks up Clive’s mobile 10. Bob the dog takes a tennis ball
phone. It’s identical to his. from Louise’s back garden

23. Dishonesty:
A special problem? Is there such a thing? It is
possible for the jury to
Because it is left to the jury
to decide, there are no think D was not
precedents to show what dishonest, and thus be
kind of behaviour is NG, even where D was
dishonest within the Act dishonest by D’s own
standards!
Lack of guidance “Reasonable & honest
people”
The subjective “Ghosh test is
element of the test complicated!”
This is designed to address It’s difficult for the jury to
the ‘honest mistake’ understand and therefore lead
scenario, but can be easily
The Law Commission is to longer and more expensive
argued and thus may result not much help as their trials, even if it is only brought
in far more appeals. response is that we live in up where the dishonesty is in
question.
a hetrodox and plural
society

24. AO2:
Can you evaluate this area of the law?
This is interpreted ... It might be There are some things that can’t be
very widely, only one wide, but it is only stolen, and the law had stretched the
right needs to be one of the elements meaning in establishing that sometime
infringed, which necessary. body parts can be property.
means that
shoplifters are guilty This seems to be the most
before leaving the They take a wider meaning technical aspect of the law,
shop, and even if D than belonging – covering and ignores the intentions or
genuinely consents! others who may have a dishonesty of the defendant
proprietary right or interest e.g. To return the money in
in the property. Velymul.
... However there are
some unfair
exceptions (Gilks/ AG ...however, the act
Ref) and it is provides a whole set ...in addition, the exclusion of the
arguable whether of detailed rules on ‘conditional’ intent (Easom) is out of line
Turner No2 sets a what can and cannot with the law on burglary under the
good example. consitute property. same act

25. Final does-you-know-your-
cases moment…
Complete the
grid!