Law 04 - Theft

THEFT

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

Actus Reus

Appropriation - S.3 Theft Act 1968

"Any assumption by a person of the rights of an owner.. and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as the owner"

"Any assumption by a person of the rights of an owner.."

• Moving
• Touching
• Taking - R v Lawrence (taxi driver)
• Using
• Disposing
  
• Selling
• Destroying

Gifts can also be included in appropriation - R v Hinks

Property - S.4 Theft Act 1968

"Property includes money and all other property, real or personal, including things in action and other intangible property"

Oxford v Moss - The court help that secrecy could not amount to intangible property.

A D cannot steal wild flowers, wild mushrooms, fruit or foilage provided that it is not sold for commericial purpose or gain.

Cannot steal a wild animal which has not been tamed or reduced to captivity

• A person can not steal land or things forming part of the land except: where a trustee or personal representative disposes of land under his control in an unauthorised way
• where D severs something from the land e.g. flowers
• A tenant appropriates fixtures/ structure from land.

Belonging to another - S.5 TA 1968

"Property…