THEFT

Theft Act 1968

Dishonestly appropriates property belonging to another with the intention to permanantly deprive the other of it.

AR       MR

ACTUS REUS

1.

APPROPRIATION

S.3(1)

Any one assumption by a person of the rights of an owner amounts to appropriation.

MORRIS , ANDERTON , LAWRENCE , GOMEZ , HINKS

Appropriation also includes where the D comes about the property without stealing it, but later assumes the right of the owner by deciding to keep it/deals with it as the owner would.

ASSUMPTION OF ANY ONE RIGHT / CONSENT / GIFT / INNOCENTLY ACQUIRED PROPERTY

2a.

PROPERTY

S.4(1)

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

Money = money

Real = Land, buildings, fixtures attatched to land

Personal = essentially all property, things that can be seen, touched and moved - can include goods i.e a watch / DVD, pets, vehicles.

Things in action = shares in a company, bank accounts - not physically existing but the owner has legal rights

Other intangible property = other things that can't be seen or touched i.e copyright on songs

2b.

EXCEPTIONS TO PROPERTY 

S.4 states what cannot constitute as property

S.4(3) - mushrooms, flowers, foliage and fruit from the wild cannot be property unless used for commercial purposes.

S.4(4) - wild creates cannot be property unless kept in captivity.

There is a seperate offence regarding electricity as property if you dishonestly start using it without authority.

OXFORD V MOSS , KELLY AND LINDSAY , MARSHALL (value of train ticket = property)

At the time the property is appropriated, it must belong to another...

3.

BELONGING TO ANOTHER

S.5(1) 

Property is regarded as belonging to any person having possession or control of it OR proprietary right over it. 

A person may not be the owner of property but may still have it in their possession or control - TURNER NO.2…