Theft Act 1968
'appropriating property belonging to another dishonestly and with the intention to permanantely deprive the other of it'
Actus reus : appropriating property belonging to another
Mens rea : dishoneslty and with intention to permenantely deprive
Appropriation means to assume the rights of the owner
S3(1) Theft Act
-Rights to sell - consume - lend -possess -destroy -use
Appropriating property means to take over one of these rights
Pitham and Hehl
Can still be appopriation even when owner consents
Defined in s.4(1) Theft Act as:
Any property real or personal, including money, things in action and other intangible property excluding wild animals and plants.
Kelly V Lindsay
Oxford V Moss - knowledge is not property
Belonging to Another
Property is belonging to another if someone else has control, posession or propiertary rights or interest in the property.
Turner - can be guilty of stealing your own property
Woodman - can own property without being aware of its existence
Abdandoned property is abandoned when someone has given up all rights of their ownership
D is not dishonest if they had:
-Belief in right of law - Turner
-Belief in owners consent
-Belief owner cannot be found - Small
Test for dishonesty comes from Ghosh - 2 part objective and subjective test
1) Was what D did dishonest by the ordinary standards of reasonable and honest people?
2) Did D know what they were doing was dishonest by these same standards?
Intention to permanently deprive
S.6(1) - A person will be taken as permanently depriving the other of property if he intends to treat the property as his own regardless of the real owners rights
Dispose of - Cahill 'to deal with, get rid of, get done with, finish, to make over by way of sale or bargain to sell'
Borrowing 'borrowing the item to an extent that is equivalent to outright taking or disposal' Lloyd 'until the goodness, the virtue, the practival value has gone out of the article'.