Theft

• Definition

  • S1(1) Theft Act 1968
  • 'Dishonest appropriation of a property belonging to another with the intention to permanently deprive the other of it'
• Actus reus

  1. Appropriation (R v Morris)
  2. Property (Oxford v Moss)
  3. Belonging to another (R v Turner)
• S3 - Appropriation

  • any assumptions by a person of the rights of an owner amounts to appropriation
  • S3(1) = D acquires property without stealing it but then later decides to keep or deal with the property of an owner
  • Requires D to take at least one of the owners rights
  • R v Morris
• S4 - Property

  • Includes 'money and all other property, real or personal, including things in action and other intangible property'
  • Oxford v Moss
• S2 Dishonesty

  • No statutory definition = common sense approach
  • Does explain when it is dishonest:

  1. S2(1)(A) = believes they are allowed
  2. S2(1)(B) = believes they are allowed
  3. S2(1)(C) = believes the owner cannot be found

  • Ivey test (Barton v Booth)
• S2 Dishonesty - Ivey test

  • What were the facts as the D understood them to be?
  • Would D's actions be considered dishonest by ordinary, decent people? (Objective test)
• S5 Belonging to another

  • Any person having prosecution or control over it
  • R v Turner
  • Right to retain possession + control until a bill is paid
  • Possession possible even if owner isn't aware of it
  • Goods left for someone belong to the original owner until taken into possession by the new owner
• Mens rea

  • Dishonesty (Barton v Booth)
  • Intention of permanently depriving the other of it (DPP v Lavender)
• S6 Intention of permanently deprive

  • Intention to treat the thing as his own to dispose of regardless of others rights
  • S6(1) - DPP v Lavender: also includes dealing with property
  • R v Lloyd: intention to permanently deprive if the D keeps the property until the value is depleted