Criminal - Theft

Basic definition of theft is suppled by s1 Theft Act 1968

1) A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other other of it; and "thief" and "steal" shall be construed accordingly.

2) It is immaterial whether the appropriation is made with a view to gain, or for the thief's own benfit.

The Actus Reus requires proof that there was :

an appropriation;

of property;

belonging to another

Appropriation is the term used to describe the conduct of a thief.

Appropriation is defined in s3(1) TA 1968

When considering the meaning of appropriation you should ask what rights an owner posses and then to deduce what actions amount to assuming those rights. An owner has the righ to :

• use the property, including touching, holding it or use it
• alter it in fundemental or minor ways
• damage or destroy it
• dispose of it temporarily by lending
• dispose of it permenantly by way of sale or gift
• arrange to sell it or give it away
• abandon it

GOMEZ (1993)

DARROUX (2018)

According to s4 TA 1968 property includes money and all other property, real or personal, including things in action and other tangible property.

s5 TA 1968 defines " property belonging to another"so that it encompasses not only those who owners but also those whohave any one or more of a variety of lesser interests in th property, namely, possession or control.