Is This Theft?

[Prudie]

I was moaning to my OH that the women's magazines with free gifts (lipsticks, nail varnishes etc etc) on display in my local Tesco always have all the items removed by tearing through the plastic wrapper. I have complained to Tesco about it in the past. Anyway OH asked is this classed as theft because the items were free. If Tesco caught the person in the act of removing the gift but leaving the magazine could they charge them with theft/shoplifting?

[jomifl]

Of course it is theft, they are only free to the person who buys the magazine.

[Obiter]

By definition of s1 of the Theft Act 1968 the answer is definitely yes.

[Buenchico]

Yes, it's theft.

Firstly, the items aren't really 'free' anyway. (They're offered as part of a 'package', which includes the magazine and the cover-mounted item).

Secondly, it's possible to steal something that's offered free of charge anyway. I remember a court case in the newspapers where a pile of leaflets or brochures was marked 'please take one' (obviously meaning 'free of charge'). However the person who took the whole pile was still successfully prosecuted for theft.

The legal definition of 'theft' is given here:
http://www.legislation.gov.uk/ukpga/1968/60/crossheading/definition-of-theft

[Prudie]

What's the gist of S1 of the Theft Act? Obviously it is wrong but who exactly are they stealing from if they are stealing?

[Buenchico]

>>>What's the gist of S1 of the Theft Act?

From my link:
"A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it"

[Zacs-Master]

'Another' being Tesco in this case.

[Prudie]

Ok thanks. I bet it's the staff

[tamborine]

It is theft & prosecution can be initated, however free gifts with publications are often supplied loose to retailer, to be included when pub is sold. Retailers mostly have 'sale or return' on publications. The loss thus is with the publisher for not supplying freebies separately to retailer.

[LyndaB]

Why would it be the staff? More likely it's customers who don't see it as theft. I work with magazines and the free gifts are quite frankly a pain in the backside. The worst things for being nicked are football stickers. And it's not only kids either - I have known people to take match attax starter packs from the shelves, put them in their trollies as if they were buying them, only for someone to find them 30 mins later with the stickers taken from them.

[LyndaB]

By the way - I have worked on my department for over 16 years and I have never ever ever been issued with the first separately!

[LyndaB]

*free gifts, not first lol

[Obiter]

The Theft Act of 1968, which effectively abolished the separate offences of larceny, housebreaking, burglary, blackmail &c, putting them under the one umbrella of "theft", has led to much interesting case law. R v Collins is a particularly amusing example.

[Buenchico]

Rv Collins actually hinged upon the definition of 'trespass', rather than that of 'theft', Obiter.

[Prudie]

It was really the finer point of the law that I thought open to interpretation. Why do I think it's the staff? That's partly my SOH however there is no reason to assume the staff of Tesco are any more honest than the the public at large.

[tamborine]

Smiths sell newspapers offering free CDs that staff hand over at the till

[Obiter]

I agree with Chico. The issue in Collins was that a certain part of his anatomy was through the window, had he entered as a trespasser?

[Peter Pedant]

yes they have value
definitely theft.

and as AOG might say - shoot the b+stards !

[Peter Pedant]

is R v Collins where the trespasser found a ladder against an opened window and er helped himself ?

[factor-fiction]

To me it's definitely theft. The 'free' lipstick is part of the magazine. If someone takes the lipstick it denies someone the chance to get one with their magazine. The magazine without the lipstick may be left unsold so the shop loses out.
To take another example, if there is a Buy One Get One Free offer on tins of beans and someone picked up a tin and walked out without paying it would be no defence to say it was free tin

[puzzled54]

I suspect that the staff take them and put them aside, then only give you the gift if you ask for it when you buy the magazine