Theft Presentation

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Theft Presentation
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Presentation Overview

• Definition of theft
• Definition of appropriation
• Lawrence and consent
• Morris and adverse usurpation
• The conflict in the law
• Gomez and the resolution of the conflict
• The implications of Gomez
• The application of Gomez in Hinks
• Dishonest receipt of a gift is theft
• Any questions?

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(No Transcript)
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Definition of Theft and Appropriation

• Theft is defined in section 1(1) of the Theft Act
  1968 as dishonest appropriation of property
  belonging to another with the intention of
  permanently depriving the other of it.
• Appropriation is defined by section 3(1) of the
  Theft Act 1968 as any assumption by a person of
  the rights of the owner amounts to 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
  it or dealing with it as owner.

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Case Law

• Lawrence
• Morris
• Gomez
• Hinks

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Conflict in the Case Law

• Lawrence
• In Lawrence, it was held that the consent of the
  owner was not a consideratio so whether or not an
  act was an appropriation had nothing to do with
  the owners consent.

• Morris
• In Morris,the House of Lords did not apply
  Lawrence. It was held that appropriation was an
  adverse interference with the rights of the
  owner. As it was an adverse interference, it
  followed as a matter of logic that it was
  something that had not been consented to by the
  owner because if the owner consented then the
  interference would not be adverse.

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Hinks and Gifts

• R v. Hinks 2000 3 WLR 1590
• It was held that a gift that was valid at civil
  law could still amount to theft.

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Any questions?