Theft

S1 Theft Act 1968

"A person is guilty of theft if he dishonestly appropriates property belonging to another with the intent to permanently deprive another of it"

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S3(1) Theft Act 1968

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

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Pitham & Hehl

Property doesn't even need to move location to be appropriated.

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Morris

D doesn't need to assume all rights of the owner - one is enough.

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Lawrence

Appropriation can occur when deception is used to gain consent.

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Hinks

Deception doesn't even need to be used in order to gain consent.

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S4(1) Theft Act 1968

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

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S4(2)(a) Theft Act 1968

Land may only be appropriated if "a trustee or personal representative takes land in breach of the confidence reposed in him."

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S4(2)(b) Theft Act 1968

Land may only be appropriated if "he is not in possession of the land and he appropriates anything forming part of theland by severing it or causing it to be severed or after it has been severed."

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S4(2)(c) Theft Act 1968

Land may only be appropriated if " if when being in possession of the land under a tenancy, he appropriates the whole or any part of any feature or letted structure to be used with the land".

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Oxford v Moss

Knowledge of confidential information cannot be property.

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S4(3) Theft Act 1968

"A person who picks mushrooms growing wild on any land, or who picks flowers, fruit or foliage does not steal unless he does it for reward or for sale or for commercial purpose."

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S4(4) Theft Act 1968

"Wild creatures, tamed or untamed, shall be regarded as property, but a person cannot steal a wild creature not tamed nor ordinarily kept in captivity

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Kelly & Lindsey

Dead bodies or body parts can be considered personal property.

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S5(1) Theft Act 1968

"Property shall be regarded as belonging to another person who has possession or control of it, or having in it any proprietary right or interest."

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Turner (No 2)

D can be guilty of stealing his own property if someone else has possession or control of it.

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Woodman

It is possible for someone to be in possession or control of property even if they do not know it is there.

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S5(3) Theft Act 1968

"Where a person receives property from or on account of another, and is under an obligation to the other to retain and deal with that property or its proceeds in a particular way, the property or proceeds shall be regarded as belonging to the other."

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Hall

Clients may expect a companies employee to deal with their money in a certain way on behalf of the company.

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Klineberg & Morsden

Obligation to deal with deposits appropriately.

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Wain

Where there is an expectation that money given to D will be given to charity, this expectation must be carried through.

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Davidge v Bunnett

Obligations may be informal - to use money to pay for bills.

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S5(4) Theft Act 1968

" Where a person gets property by another’s mistake, and is under an obligation to make restoration of the property or its proceeds, then the property or proceeds shall belonging to the person entitled to restoration."

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AGs Ref (No 1 of 1983)

Where employees are overpaid, they are required to make restoration for the value of this mistake.

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S1(2) Theft Act

"It is immaterial whether the appropriation is made with the view to gain or is made for the their own benefit."

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S2(1)(a) Theft Act 1968

A person is not dishonest "if he appropriates property in the belief that he has in law the right to deprive the other of it, on behalf of himself or of a third party."

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S2(1)(b) Theft Act 1968

A person is not dishonest " if he appropriates property in the belief that he would have the consent if the other knew of the appropriation and the circumstances of it."

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S2(1)(c) Theft Act 1968

A person is not dishonest " if he appropriates property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps."

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S2(2) Theft Act 1968

"A persons appropriation of property belonging to another may be dishonest notwithstanding that he is willing to pay for the property."

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Ghosh

2 part test for dishonesty - Wasthe action dishonest according to the ordinary standard or reasonable and honest people? Did D realise this action was dishonest be those standards?

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Velumyl

Even if D intends to replace the money he has taken, this is unlikely to be the exact same coins and notes as he took.

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S6(1) Theft Act 1968

"A person who appropriates property without meaning to permanently deprive to loose the thing itself is nevertheless to be regarded as IPD if his intention is to treat the thing as his own to dispose of."

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DPP v Lavender

The term disposal can include dealing with the property in other circumstance."

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Lloyd

If no damage has come to property whilst being borrowed then there may be no mens rea.

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Easom

Condition intent is not enough for the mens rea of theft.

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Raphel & Another

Intent to deprive can still exist if D attempts to sell Vs property back to them.

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Theft

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