Criminal Law (2014): Theft

(a) With reference to both case and statute law explain and discuss the meaning of appropriation for the purpose of the Theft Act 1968.

(b) Daniel takes his watch to a watch mender for a service. When he goes to collect the watch, he finds the shop unmanned and his watch lying on the counter. Annoyed that his watch has been so carelessly exposed to theft, he takes his watch and decides not pay for the service. In fact the watch had not yet been serviced.

Discuss.

General remarks
Two part questions receive 50 per cent of the marks for each part so it is important to spend equal time and effort on both and not do such a question unless you can do all of it!

Common errors
With regard to part (a), talking about all the elements of theft generally rather than the specific element of appropriation, with little by way of discussion and analysis. With regard to part (b), too many candidates talked about obtaining services dishonestly and making off without payment to the detriment of the analysis of theft, specifically the issue of ‘belonging to another’, and dishonesty.

A good answer to this question would…
include the following indicative elements.

Part (a)

• Explanation and discussion of how s.3(1) defines appropriation far more broadly than a taking, including the case of coming by property innocently.
• Examples of appropriations – indicative cases are Pitham and Heyl, Morris, Chan Man Sin v AG for Kong Kong.
• Relevance of transferor's consent – indicative cases are Morris, Lawrence, Gomez, Hinks.
• Discussion of the decision in and problem posed by Hinks.

Part (b)

• Explanation and discussion of the key importance of establishing the ‘belonging to an other’ element and dishonesty.
• Section 5(1). Does Turner apply or does the context (no lien if the work has not been done) and the negligence involved in leaving it exposed entitle D to unilaterally terminate the bailment (Meredith) such that when the appropriation occurs it is not of property 'belonging to another'
• Dishonesty, in particular s.2(1)(a) Theft Act 1968, and Ghosh.
• Candidates were given credit also for discussing the default crime, of making off without payment, which requires discussion of whether payment of the spot was due, and dishonesty as above.