CASES

• Theft is defined in

  S.1 of the Theft Act (1968)
• Appropriation

  S.3 of the Theft Act (1968)
• Property

  S.4 of the Theft Act (1968)
• Belonging to another

  S.5 of the Theft Act (1968)
• Intention to permanently deprive

  S.6 of the Theft Act (1968)
• Dishonesty

   S.2(1)(a)-(c)
• Morris


  The D does not have to assume all of the rights of the owner.
• Gomez


  All other elements of the offence must be present.
• Atakpu

  It can be a continuing act.
• Lawrence; Gomez

  The D can still be guilty even when the owner gives consent to the appropriation.
• Hinks

  The D can still be guilty if it is a gift.
• Pitham and Hehl

   There is no need for the D to have had any physical contact with the property.
• Kelly and Lindsay

  ‘Personal’ property is all moveable property.
• Turner No.2

   Even if the property is owned by the defendant it can belong to another if someone else has a legal interest in it.
• Webster

  You can still steal it if another has a proprietary interest in it.
• Davidge v Bunnett

  Ownership of property does not transfer to the defendant if there is a clear obligation to deal with the property in a particular way.
• AG’s Ref No 1

  If a person receives property by mistake they have an ‘obligation to make restoration.
• Small


  It does not matter whether these are unreasonable beliefs, providing it is genuine belief.
• Velumyl


  where the defendant clearly intends to permanently deprive the person of their property.
• Easom

  Conditional intent is not sufficient for theft .
• Lavender


  Dispose of’ means to get rid of, whether by dumping it or selling it, which includes “dealing with the property”.
• Lloyd


  For the borrowing or lending to be considered the same as an outright taking or disposal then the defendant must keep the property until ‘the goodness, the virtue, the practical value…has gone out of the article’.