Theft- Theft Act 1968

A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.

Full defintion of theft

D chared under this section

(1) Not dishonest if believes:

-has right in law

-would have the other's consent

-owner cannot be discovered

(2) Can be dishonest even if intends paying for property

No defintion of dishonesty in Act

Ghosh (1982) two-part test:

-Is it dishonest by ordinary standards?

-If so, did D know it was dishonest by those standards?

(1) 'any assumption of the rights of an owner'

Includes a later assumption of rights

Held to be an assumption of any rights of an owner- Gomez (1993)

Given 'neutral' meaning, so consent irrelevant- Lawrence (1971), Hinks (2000)

Includes money and all other property, real or personal, including things in action and other intangible property

Land cannot be stolen except by a trustee or tenant or by severing property from the land

Wild mushrooms, fruit, flowers and foliage cannot be stolen unless done for commercial purpose

Wild animals cannot be stolen unless tamed or in captivity

Property is regarded as belonging to any person having possession or control or any proprietary right

Property belongs to the other where it is recieved under an obligation to retain and deal with it in a particular way

Property recieved by a mistake where there is a legal obligation to make restoration belongs to the other

Not limited to the owner- Turner (No 2) (1972) stole own car

Must be a particular way- Hall (1972), Klineberg and Marsden (1999)

A-G Ref (No 1 of 1983) (1985)

Must be a legal obligation- Gilks (1972)

Intention

Treat the thing as his own to dispose of regardless of the other's rights

The 'goodness' or practical value must have gone from the property- Lloyd (1985)

Raphael and another (2008)- offering to sell V's property back to him was treating it as D's own to dispose of