Theft

• Theft under s.1 Theft Act 1968


  s.1 – The dishonest appropriation of property belonging to another with the intention to permanently deprive
• AR: s.3

  appropriation - any assumption of the rights of an owner (e.g. touching, eating, using, destroying)

  o Morris – only need to assume one right of the owner for an appropriation
• AR: s.4


  property - includes money (notes and coins), real property (bricks or parts of buildings), personal

  property (most possessions), things in action and other intangible property (e.g. stocks and shares, concert

  tickets, bank accounts, etc.)
• AR: s.5

  belonging to another – property belongs to whoever has possession or control

  o Turner No 2 – can steal own property

  o s.5(3) – property received under an obligation still belongs to the other (Davidge v Bunnet) o s.5(4) – property received by mistake belongs still belongs to the other (AG Ref No 1 of 1983)
• MR: s.6

  IPD - D treats the thing as his own regardless of the owner’s rights (e.g. Lavender)

  o Borrowing can also amount to an IPD, if for a period or in circumstances equivalent to an outright taking (Lloyd – if the goodness, virtue, or practical value is gone)
• MR: s.2

  dishonesty: no definition in Act, just situations where D is not dishonest - if he genuinely believed...

  i. He had a legal right to deprive the other of the property

  ii. V would consent if they knew of the circumstance

  iii. True owner could not be found by taking reasonable steps (note – no steps need be taken)
• Ivey?

  was D’s conduct dishonest by the ordinary standards of

  reasonable and honest people?