Criminal | Offences Against Property

Theft & Robbery: Actus Reus

24 November 2012 Download

S1(1) TA: .. dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it ...

S3(1) TA: any assumption of rights of an owner
owner: right or interest in property (S3(2) TA) / may lend still own
consent: implied until pay less (Morris) / appropriates if dishonest (Lawrence) / true consent (Gomez)
exclusions: cannot steal twice (S3(1) TA) / innocent purchaser in good faith (S3(2) TA)
requires handling goods or banknotes / transfers is fraud offence (Williams)

S4(1) TA: money & all other property / real or personal / things in action / intangible
S4(2)TA: excludes land or part of it / exceptions: (c) tenant ((d)) commercial forager
insufficient: information (Oxford v Moss) / electricity (Low v Blease)
things in action: right can be enforced against another by action in law (bank account) / overdraft within limit (Kohn)
tube tickets / belonged to London Underground /travel documents (like pre paid parking) (Marshall)
common law corpse not property / attributes due to application of skill can be for theft (Kelly)

bits of law

S5(1) TA: possession or control / proprietary right or interest
S5(2) TA: in trust charity telethon (Wain) / even if no specific beneficiary (Dyke & Munro)
S5(3) TA: particular purpose / legal obligation only (Huskinson) / proceeds (Klineberg)
S5(4) TA: obtained by mistake / legally obliged repay (Moyne v Cooper)
S5(5) TA: corporation
petrol: prove @ pump dishonest intent (Edwards v Ddin)
took own car from garage without paying / steals another person's rights over goods (Turner)
scrap metal / person can be in control of property he does not know he possesses (Woodman)
abandoned property may become property of those taken it
refuse collectors / rubbish not abandoned / remains householders' property / on collection transfers to council (Williams v Phillips)

bits of law