Theft
Theft Act s1:
Three elements for actus reus:
Three elements for actus reus:
- Appropriation (s.3 Theft Act): Which rights of the owner must be appropriated? Morris 1984 and Gomez 1993: both cases agreed on the rights which had to be affected. Morris 1984: D went into a supermarket and swapped supermarket labels for a lower price on the item he wanted. HL - did D have to assume all of the rights or just some of them? It was held that he did not: it had to be one or more of the rights. D did not have to even have attempted to pay the lower price or leave the shop having paid the lower price in order to be guilty of theft. In practice it is easier; but in law they do not have to leave the shop to be liable. This was confirmed in Gomez: Assistant manager of the shop (D) agreed with his friend to exchange a cheque, which he knew was fraudulent, for goods. This element is very broad. Appropriation - you don't need to commit an actually wrongful act. Appropriation is extremely easy to satisfy. What if the owner consents to the actions of D that could amount to appropriation?
- Property
- Must be belonging to another
- Dishonesty
- Intention permanently to deprive