theft

• S.1 of the Theft Act 1968


  A person is guilty of theft if they dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it
• Actus reus of theft

  Appropriation of property belonging to another
• Mens rea of theft

  Dishonesty and intention to permanently deprive
• S.3(1) of the Theft Act 1968 (appropriation)


  Appropriation is any assumption by a person of the rights of an owner
• R v Vinall


  D needs to do something that assumes at least one of the owner's rights
• R v Hinks


  Gifts are appropriation
• S.4(1) of the Theft Act 1968 (property)

  Property is money, real property (land and buildings), personal property ('moveable items'), things in action (a right which can be enforced against another person by action in law) and other intangible property (no physical presence, e.g. electricity)
• Oxford v Moss


  Confidential information is not property
• R v Turner (No 2)

  An owner has possession and control over property
• R v Webster


  An owner may have a proprietary interest
• R v Hall


  Property received under an obligation is treated as belonging to another
• AGR (No.1 of 1983)


  Property may be received by mistake
• Exceptions to dishonesty


  - D has the right to deprive someone of property (R v Robinson)

  - D would have consent from the other if they knew of the appropriation (R v Holden)

  - The owner of the property cannot be reasonably found (R v Small)
• R v Barton and Booth


  Test for dishonesty:

  1. What were D's genuine beliefs?

  2. Would the ordinary and reasonable person consider this dishonest?
• R v Lloyd


  Borrowing is not theft unless the period of time and circumstances change, making it equivalent to an outright taking
• AGR (No.1 and No.2 of 1979)


  Conditional intent is sufficient