Theft

• What is the Theft Act 1968 concerned with?


  Theft, robbery, and burglary
• What is the definition of theft according to the Theft Act?


  A person commits theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it
• What does Section 3(1) of the Theft Act state about appropriation?


  Any assumption of any of the rights of an owner amounts to an appropriation
• What principle did Lord Roskill state regarding appropriation?


  The prosecution must prove the assumption of any of the rights of the owner of the goods in question
• In the case of Morris [1983], what was determined about appropriation?


  An appropriation can occur even with the owner's consent
• What does the Theft Act 1967 state about theft?


  A person commits theft if he honestly takes property belonging to another and permanently deprives the other of it
• What does Section 4(1) of the Theft Act define as property?


  Property includes money and all other property, real or personal, including things in action and other intangible property
• What are the exceptions to the general rule that land and buildings cannot be stolen?

  Trustee breaches, severing part of land, or tenant taking fixtures
• What is considered personal property under the Theft Act?


  All moveable items such as jewellery, mobile phones, and cars
• What does "things in action" refer to in the context of property?


  Something that does not physically exist, such as credit in a bank account and shares
• What principle was established in Oxford v Moss [1979] regarding confidential information?


  Confidential information is not regarded as property and therefore cannot be stolen
• What does Section 5(1) of the Theft Act state about property belonging to another?


  Property shall be regarded as belonging to any person having possession or control of it
• What principle was established in Turner [1971] regarding theft of one's own property?


  An owner can be charged with the theft of his own property if another person has possession or control of it
• How does Section 5(4) apply to someone receiving property by mistake?


  If someone receives property by mistake and does not give it back, it can amount to theft
• What principle was established in AG-Reference [1985] regarding legal obligations?


  The defendant was under a legal obligation to return the money
• What is the definition of theft according to the law?


  A person commits theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.
• What are the key components of mens rea in theft?

  Mens rea includes dishonesty and the intention of permanently depriving.
• What are the three situations in which a person would not be considered dishonest under Section 2?


  • Legal right to take the property
  • Consent of the owner
  • Reasonable steps to find the owner
• What was the principle established in Holden [1991] regarding dishonesty?


  The Court of Appeal held that D was not dishonest as he genuinely believed he had the right to take the tyres.
• What was the outcome of Small [1988] regarding theft?


  His conviction for theft was quashed as he genuinely believed the owner could not be found.
• What is the current test for dishonesty according to R v Barton & Booth [2020]?


  The current test is whether D’s conduct was dishonest by the standards of ordinary decent people.
• What must D do to treat the property as his own according to Section 6?


  D must treat the property as his own to dispose of it.
• Does D need to permanently deprive the property to be guilty of theft?


  No, D must have the intention to permanently deprive the property.
• What principle was established in Velumyl [1985] regarding intention to permanently deprive?


  The Court held that unless he intended to pay back the exact notes, he had the intention to permanently deprive the company of the money taken.
• What did Lord Lane CJ state regarding borrowing and intention to permanently deprive in Lloyd [1985]?


  There must be an intention to return the property in such a changed state that it can truly be said that all its goodness, virtue, or practical value has gone.