Theft Scenarios
Discuss if there has been an appropriation in the following situations:
Jake has an argument with his neighbor. When his neighbor is out, Jake holds an
auction of the neighbour’s tools. The neighbor returns before any of the tools are
taken away.
Saskia goes shopping at the local supermarket and takes her 5 year old son Tom
with her. While at the checkout Tom puts some bars of chocolate into his pocket.
Saskia does not realize this until he finds the chocolate when she gets home.
Saskia does not take the chocolate back to the shop.
The owner of a shop asks Paul a lorry driver, to pick up a load of computer
equipment and take it to a warehouse. Paul agrees, but decides to sell it instead
of taking it to the warehouse.
Otto is 18 and infatuated with Harriet a married woman aged 32. He used his
student loan to buy expensive presents for Harriet. She knows he is a student
with very little money but still accepts the gifts from him.
Consider if the following are classified as property for the purposes of
theft:
Arnie runs a Market stall selling flowers. Just before Christmas, he picks a lot f
holly from a wood intending to sell it on his stall.
He then digs up a small fir tree for his own use.
On his way home he sees some late flowering roses in a garden and picks then to
give to his girlfriend.
Della discovers the examination papers she is to sit next week in a next door
office. She writes out the questions for the first paper on her own note pad. The
second paper is very long so she uses the office photocopier to take a copy using
paper in the machine.
Considered the Actus Reus of Theft
Alan went into the newsagents and picked up a copy of Law magazine. He was
not sure if he wanted the magazine so put it down. Beth looked at the magazine
and thinking it was Claw Magazine, decided she wanted it, but she had no money
so stole it. When she discovered the content was about law and not cats she put
the magazine in a rubbish bin. Alan saw the magazine and took it from the bin.
Self test questions
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Which section of which Act defines theft?
What are the points which need to be proven for AR of theft?
What are the main points for MR of theft?
Give 2 difference cases or examples of appropriation
Can a defendant appropriate property when the owner has consented?
 Give the name and facts of a case where the effect of consent of the owner
was considered
 Can a D be guilty of theft when the owner of the property has consented
to the appropriation and that consent was not obtained by any deception?
In the following activities explain whether the all the elements for theft are
present:
Roland works in a small factory where there are only 20 employees. One day he
finds a small purse in the washroom. He opened it and found £10 and some
coins. There are no manes in the purse so he keeps the money because he does
not think he can find the owner.
Natalie is given a Christmas bonus in cash in a sealed envelope. She is told it is
£50 but when she opens it she finds £60. She thinks her employer decided to be
more generous so keeps the money. Would your answer be different if:
 Natalie realized there had been a mistake but did not return the money
or,
 The amount in the envelope was £200
Errol is given permission by his employer to borrow some decorative lights
house at a party. Errol also takes some candles without asking for permission.
When putting up the lights Errol smashes one of them. The candles are partly
burned down. Errol also lends the remaining lights to a friend for his disco next
week.
John is late for work one day, so he takes his neighbors bicycle to get to work on
time. His neighbor is away, but John has used his bike on previous occasions and
intends returning it. While in work the bike gets damages and John, too scared to
return the bike in that state throws it into a canal.
One day, Darren was in an open park when he came across a mountain bike lying
on the ground. Although he waited 15 mins no one came so he rode off on the
bike.
A week later Evan saw the bike parked outside a house and although there were
significant differences in colour and other features, he believed it to be his bike,
which had been stolen a few weeks before. Evan took the bike. It was not Evans
Bike.
Self test Questions
Give 3 different things that are considered ‘property’ for the purpose of the
offence of theft
Give 2 things that are not considered ‘property’ for the purposed of theft
Give a case or example where the D received property under an obligation and so
could be guilty of theft
What is the Gosh test for dishonesty?
Give 3 situations set out in the Act in which person’s actions will not be
considered as dishonest
Which case decided that taking money from a till but intending to replace it later
on could be theft? Why was it decided that this could be theft?
Explain when ‘borrowing’ property many be theft?