THEFT

• S.1 (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; theif and steal shall be constructed accordingly
• First part of the theft legal test: Has D appropriated?
• Appropriation

  S.3 (1) TA 1968 - assuming the rights of the owner
• Second part of the theft legal test: It must be property that was appropriated
• Property


  S.4 (1) TA 1968 - money and all other property real or personal, including things in action and other intangible property
• Tangible


  anything that you can touch: bag, vase, car
• Intangible


  things you cannot touch: copyright on a song, bank balance and are 'things in action' bank account transactions
• Items that cannot be stolen are land, mushrooms and flowers, and foliage growing in the wild unless picked for financial gain. Wild creatures unless tamed in captivity or in the possession of another.
• Third part of the theft legal test: Does the property belong to another?
• Belonging to another


  S.5 (1) TA 1968 - property shall be regarded as belonging to any person having possession or control of it, or having a proprietary right or interest.
• Mens Rea for theft

  S.2 for Dishonesty, S.6 for intention to permanently deprive
• The fourth part of the theft legal test: Was D acting dishonestly?


  there is no clear definition of dishonesty provided by parliament
• S.2 (1) (a)


  D believed he has in law the right to deprive the other of it
• S.2 (1)(b)


  D believed he would have the other consent if the victim knew the appropriation and the circumstances of it
• S.2 (1)(C)


  D believed the other person to whom the property belongs cannot be discovered by taking reasonable steps
• The Ivey test replaced the Ghosh test
• The fifth part of the theft legal test: Did D intend to permanently deprive V of the property?
• First stage of the Ivey test 


  For the jury to decide if D knew what he was doing and what the surrounding circumstances were
• Second stage of the Ivey test


  For the jury to decide if an ordinary decent member of society would consider the action dishonest?