Unit 5, Lesson 2, Exercise B 1.21 Part 1
Good morning, everyone. This morning we’re going to begin the topic of theft. In this first talk, I’m just going to give you an overview of a few key concepts, and then I’ll go into more detail on the different types of theft over the course of the next few lectures. Also, in your seminars and assignments you’ll be able to cover all the important points in more detail. So ... er ... let’s see … yes.
To start with, we need to consider what theft is. In other words, what is the legal definition of theft? Secondly, what are the components of theft – the actus reus and mens rea. That is, on the one hand, the appropriation, and, on the other, the intention of doing something dishonestly.
Thirdly, I’ll mention some of the offences of theft, because it isn’t just stealing property. After that, I’ll discuss some of the defences to a charge of theft, and I’ll finish by mentioning the important case law.
Unit 5, Lesson 2, Exercise D 1.22
Part 2 Well, what is theft? Let’s look again at the definition given in the Theft Act 1968. Section 1(1) creates the offence of theft. It states: ‘A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.’ I’ll give that definition again. ‘A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.’ There are obviously a number of words and phrases here which have to be interpreted by the court in any particular case, particularly appropriates, property, and intention to permanently deprive.
The definition of ‘appropriation’ is provided by section 3(1), which states: ‘Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as an owner.’
The word ‘property’ in general English often means a house or a flat, but, of course, in legal terms the definition is much wider, and includes anything which is owned, including intangible things, things which you can’t touch, like the
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intellectual rights to an invention or a piece of art or literature. Section 4(1) of the Act states that property includes money and all other property, real or personal, including intangible property. So, for example, patents for new products and trademarks for goods, like McDonald’s, are intangible property and can be misappropriated under the terms of the Act.
With regard to ‘permanently deprive’, this in
effect means to treat a thing as your own to dispose of, regardless of the other’s rights. In this respect, the length of time for which the thing is taken is not necessarily important.
OK. Now, what about actual offences? In fact, we’re going to look at this in a lot more detail next time, but today I will mention a few of the most important offences. Firstly, there’s shoplifting, which, of course, means taking things from shops without paying for them. Interestingly, some shops actually have signs up now which say, ‘Shoplifting is theft.’ And maybe, ‘We always prosecute.’ This is because some people have the wrong idea that shoplifting is a victimless crime – nobody really suffers, particularly if you take things from a very big shop. But, actually, we all suffer from shoplifting because the shops have to charge more for everything to cover the cost of the things that are stolen. Where was I? Oh yes … shoplifting. A second offence is sometimes called TWOC – taking without the owner’s consent. This often applies to stealing a car. Thirdly, there’s burglary and fourthly armed robbery. I shall say a lot more about these next time.
Oh, sorry. I should have mentioned the components of theft. Firstly, the actus reus, or guilty deed, of theft consists of the appropriation of property belonging to another as just defined. Then there is the mens rea, or the guilty mind, which in theft is also fundamental. The mens rea consists of the defendant acting, firstly, dishonestly and, secondly, with the intention of permanently depriving.
Let’s see how this can operate in practice. Although theft usually occurs when a person takes property belonging to somebody else, there are many other situations where theft can arise. For example, John lends a book to Mary. If Mary then sells or even gives the book to Peter, she will have appropriated the book and may therefore be guilty of theft. Only John, who is the owner of the book, has the right to sell or give the book away. We shall, of course, consider some of the defences later on, such as acting in good faith.
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