Theft

Theft is defined in

S1(1) of the Theft Act 1968

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Theft is defined as

A person is guilty of theft if they dishonestly appropriate property belonging to another with the intention to permanently deprive

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Theft AR

Appropriates, property, belonging to another

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Theft MR

Dishonesty, Intention to permanently deprive

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Appropriation

s2 TA 1968 - Any assumption by a person of the owners rights

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R V Morris

In changing the labels D had assumed the right of the owner to decide the price

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Lawrence V MPC

It can still be an appropriation with D’s consent (Student spoke little English)

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R V Hinks

Even accepting a valid gift can sometimes amount to an appropriation, especially if the donor is vulnerable in some way.

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R V Pitham and Hehl

Assumption of the owner’s right to sell the property.

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S4(1) TA 1968

Property includes; real property, real money, personal property, things in action and other intangible property.

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s4(2) TA 1968

A person can’t steal land, or things forming part of the land except where Someone who severs anything considered part of the land from the land A tenant takes a fixture or structure from the land let to him, Someone legally entrusted to look after t

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s4(3) TA 1968

Wild plants, wild flowers, mushrooms etc, are not generally property which can be stolen unless they are picked for sale, reward or other commercial purpose.

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S4(4) TA 1968

Wild creatures generally can’t be stolen, unless, they have been tamed, are ordinarily kept in captivity or have been reduced into a person’s possession.

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R V Kelly and Lindsay -

A dead body or body parts don’t usually constitute as property except when they have been altered in some way for purpose of medical or scientific examination.

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R V Welsh

Bodily fluids count as property

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Oxford V Moss

Knowledge or information can’t be stolen

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R V Akbar

Took exam papers and gave to students

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s13TA

Electricity can’t be stolen although it can be abstracted

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S5 TA 1968

BELONGING TO ANOTHER -

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Belonging to another

Belonging to another means; having possession or control of the property

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R V Turner

Garage was in possession of the car at that time so was stealing his car from the garage.

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Rickets V Basildon Magistrates -

Clothes in bank belonged to the charity and clothes outside the shop belong to the donor.

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s5(3)

If D receives property and is under a legal obligation to use it in a particular way, that property will still be treated as belonging to the giver.

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Davidge V Burnett -

Obligated to pay gas bill with money from flatmates not to pay for presents

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s5(4) -

If D receives property by mistake and is under a legal obligation to return it, that property will still be treated as belonging to the party who made the mistake.

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AG’s ref no1 of 1983-

Under a legal obligation to give the money she’d realised she’d been overpaid back to her employer

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R V Gilliks

If D has a legal obligation to return the property and betting transactions to not create legal obligations, d had not committed theft.

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S2 TA 1968

DISHONESTY

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DISHONESTY

Provides no definition but 3 situations where D has NOT been dishonest

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S2(1)(a) -

D is not dishonest if he believes he has a legal right to deprive the other person of the property

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Robinson

Threatened V’s partner for money owed by V took £5 from her as part of the payment.

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S2(1)(b)

D is not dishonest if he believes the owner would have consented to the appropriation if they knew about the circumstances.

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Holden

Took tyres from former employer with the belief he had permission

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S2(1)(c)

D is not dishonest if he believes the owner of the property cannot be found through taking reasonable steps

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Small -

Claimed the car had been left for over a week with keys in the ignition conviction quashed only if he believed it was impossible to find the owner.

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GOSH TEST

Would D’s actions be considered dishonest by ordinary standards of reasonable and honest people AND Was D aware his actions would be considered dishonest by those standards.

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S6 TA 1968

INTENTION TO PERMANENTLY DEPRIVE

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INTENTION TO PERMANENTLY DEPRIVE

Means intending to treat the property as ones to dispose of regardless of the owner’s rights.

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DPP V Lavender

Treated the doors as his own to move and permanently deprive one house from that door.

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R V Velumyl

Intention to deprive the company of those specific bank notes not the amount.

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R V Warner

By only taking for an hour with intention to return shows borrowing

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s6(2) -

Borrowing can amount to an intent to permanently deprive if property is kept for such a time in such circumstances which make it equivalent to outright taking or disposal.

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R V Lloyd

Intended to return the DVD before someone realised it was gone. Conditional intent

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R V Easom-

Put bag back after looking through not enough to show intent to permanently deprive.

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R V Warner

By only taking for an hour with intention to return shows borrowing

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s6(2) -

Borrowing can amount to an intent to permanently deprive if property is kept for such a time in such circumstances which make it equivalent to outright taking or disposal.

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R V Lloyd

Intended to return the DVD before someone realised it was gone. Conditional intent

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R V Easom-

Put bag back after looking through not enough to show intent to permanently deprive.

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Theft

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