Theft by Receipt of a Gift

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Theft by Receipt of a Gift

• Abbie Croft

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Presentation Overview

• The role of appropriation in theft
• An outline of leading cases
• Lawrence v. MPC 1972 AC 626
• R v. Morris 1984 AC 320
• DPP v. Gomez 1993 1 All ER 1
• R v. Hinks 2000 3 WLR 1590
• The receipt of gifts
• Implications for the law of theft

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Definition of Theft

• Section 1(1) of the Theft Act 1968
• Dishonest appropriation of property belonging to
  another with the intention to permanently deprive.

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Definition of Appropriation

• Section 3(1) of the Theft Act 1968
• An assumption of any of the rights of the 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 by keeping it or dealing with it as
  owner.

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Case Law Lawrence

• Lawrence v. MPC 1972 AC 626
• Facts a foreign passenger was confused about the
  money required to pay the fare so offered their
  wallet to the driver who took money greatly in
  excess of the fare.
• Principle appropriation occurs if the rights of
  the owner are assumed even if the owner consents
  to this.

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Case Law Morris

• R v. Morris 1984 AC 320
• Facts the defendant switched price labels in a
  supermarket with a view to paying the lower
  price.
• Principle appropriation implies adverse
  interference with the owners rights so can only
  happen without the consent of the owner.

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Conflict Between Lawrence and Morris

• Lawrence
• Appropriation is a value-neutral act that occurs
  even if the owner consents to the interference
  with their property.

• Morris
• Appropriation implies adverse interference so
  can only occur if the owner does not consent to
  the interference with their property.

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Case Law Gomez

• DPP v. Gomez 1993 1 All ER 1
• Followed Morris by accepting that appropriation
  is the assumption of any one of the rights of
  ownership, not all of the rights of the owner.
• Followed Lawrence in holding that the owners
  consent is irrelevant to whether an appropriation
  has taken place.

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The Problem with Gifts
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Case Law Hinks

• R v. Hinks 2000 3 WLR 1590
• Facts the appellant encouraged the defendant, a
  man of limited intelligence, to withdraw money
  from his account and gave it to her.
• Principle a gift that was a valid transfer of
  property at civil law could still fall within the
  offence of theft if the elements of the offence
  were established.

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Implications for the Law

• A person who lies or deceives to induce another
  to part with their property is guilty of theft.
• For example, telling a friend that it is your
  birthday so that they will buy you a drink falls
  within the meaning of theft.

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Any Questions?