theft

• defined in section 1 theft act 1968 - a person is guilty of theft if he dishonestly appropriates property belonging to another with the intention to permanently deprive the other of it'
• actus reus - section 3 - 4 - 5
• section 3 - to satisfy actus reus there must be appropriation which is assumption of the rights of an owner.
• morris - doesnt have to be all rights
• hinks - appropriation can take place even if it is a gift
• lawrence - can take place even if the owner has consented
• section 4 - property - defined as money, real, personal, things in action and other intangible items
• oxford vs moss - information cannot be stolen
• kelly v lindsay - property includes body parts
• ag of hong kong - includes export quota
• section 4(3) if someone steals wild mushrooms then it is not theft unless it is sale/rewards

  section 4(4) wild creatures cannot be stolen unless reduced into possession
• section 5 - must belong to another meaning they have possession or control of it
• turner - can steal your own property
• ags ref no.1 - if you acquire property by mistake then you must return it
• woodman - you can be in possession of property even if unaware
• gilks - betting transactions are not enforceable at law
• the mens rea is in section 2 and 6
• section 2 is dishonesty

  s2(1) where a defendant believes they havent been dishonest
• s2(1)

  (a) - they believe they have a right in law to deprive the owner of it

  (b) - believe owner would have consented

  (c) - believe the owner can't be found by taking reasonable steps
• if none of the 3 elements apply then the test in IVEY v GENTINGS CASINOS applies - the jury considers d's belief as to the facts and were d's actions dishonest according to the standards of ordinary and honest people?
• section 6 - intention to permanently deprive which is treating the thing as his own to dispose of
• velumyl - must replace exact same thing if taken something
• lloyd - the goodness, virtue and practical value must be used
• eason - conditional intent is not enough
• lavender - dispose can mean to deal with