If a person has committed a theft, this means that they have been successful in taking/stealing someone else's belongings. They have done this knowing that the item(s) belongs to someone else but has now decided to steal and keep it for themselves.
Section 3 of the Theft Act 1968 - 'any assumption by a person of the rights of the owner'.
Appropriation means that the defendant has taken something. Obvious examples of this is where the defendant is physically taking something e.g. pickpocketing. However, theft can also be where someone destroys property, sells property, switching price tags etc.
Regardless of the way they have stolen, they are essentially assuming the rights of an owner when they take something that does not belong to them.
Section 3(1) of the Theft Act 1968 - If there has been a later assumption of the owner's rights, then the Courts can find appropriation at the point the defendant chose to 'keep' or 'deal' the property in question. For example, hiring a bicycle and you decide not to return it. There will be appropriation when you choose not to return it.
Actus Reus – Property (Things Which Cannot Be Stolen)
Things that do not fall part of the Acts expressed list cannot be items which can be stolen.
However, Sections 4(3) and 4(4) of the Theft Act 1968 indicate certain exceptions to this:
Things that are severed from the land can be classed as being stolen (s.4(2)(b)) - some severed items are exempt from being stolen, such as wild mushrooms (s.4(3)) - However, if these are grown for commercial purposes, they will be classed as stolen (s.4(3))
Actus Reus – Belonging to Another (Possession or Control)
An owner will typically be in possession or control of their property. However, this possession or control can be transferred (even if only temporarily) meaning the original owner can still be charged with theft for trying to take back the property.
Actus Reus – Belonging to Another (Proprietary Interest)
Even where the defendant has possession or control of the property, if someone else has a proprietary interest in that item then the defendant can be charged with theft if they take actions with the property that the person with the proprietary interest is against.
Actus Reus – Belonging to Another (Property Received Under an Obligation)
Where the property has been passed over to be handled on behalf of an owner, the person in charge of the property must handle the property in a particular way.
Where the defendant would have consent from the other person if they knew of the appropriation, they need to have a honest belief that they would have received consent.
Mens Rea - Intention of Permanently Depriving (Conditional Intent)
Where a defendant examines property to see if there is anything worth stealing, the law now ensures that defendants can still be convicted of an 'attempt'.
Mens Rea - Intention of Permanently Depriving (Throwing Things Away)
A subsequent disposal of the property may be evidence of an intention of permanently depriving if there is evidence of treating the property as your own and disposing of the property regardless of the owner's rights.