PARAGRAPHS

• INTRODUCTION

  It is possible that the D may be liable for theft. Theft is defined in S.1 of the Theft Act (1968) as dishonestly appropriating property belonging to another with intention to permanently deprive. All elements of the offence must be present.
• STAGE 1 - APPROPRIATION

  To satisfy the AR .A is contained in S.3 of the Theft Act 1968 and is any assumption of the rights of the owner The D does not have to assume all of the rights of the owner(Morris)A is necessary for theft but not all A is theft All other elements of the offence must be present(Gomez)A has a beginning and an end the jury will decide on this It can be a continuing act(Atakpu)The D can still be guilty even when the owner gives consent to the A(Lawrence)and if it is a gift(Hinks)There is no need for the D to have had any physical contact with the property(Pitham and Hehl)
• STAGE 2 - PROPERTY

  Property is defined in S.4 of the Theft Act (1968) as ‘money and all other property, whether real or personal, including things in action and other intangible property’. ‘Personal’ property is all moveable property (Kelly and Lindsay). Wild animals and plants cannot be stolen unless they have first been ‘reduced into possession’. ‘Real property’ means land and things attached to land.