Theft

• What is the definition of theft

  • Theft Act 1968 Section 1
  • “A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it”
• What is the actus reus for theft?

  • Appropriation
  • Property
  • Belonging to another
• What is the mens rea for theft?

  • Dishonestly
  • With intent to permanently deprive
• Sentencing Theft


  • Crown Court - 7 years and/or unlimited fine
  • Magistrates Court - 6 months and/or unlimited fine
  • Shoplifting under £200 is tried in the Magistrates Court
• What is property?


  • Things in action - banknotes and coins
  • Intangible property - patents, copyright and design but not confidential information
  • Unlawful or illegal property - Smith, Plummer and Haines [2011] - Smith and two others attacked V and stole his heroin
  • Domesticated animals
  • Bodies and body parts can be stolen if they ‘have acquired different attributes by the virtue of the application of skill'
• What is understood as belonging to another?

  • S.5(1): Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest
  • Includes one's own property - Turner No 2 [1971] - D took his car from a garage earlier than expected, deemed to be theft
• What is appropriation?


  • •Theft Act 1968 s 3(1): Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it, be it keeping or dealing with it as owner.
• What rights can be appropriated?

  • Rights of the owner
  • Sell the property
  • Hire the property out
  • Give the property away
  • Lend the property
  • Mortgage the property
  • Destroy, damage, or dispose of the property
• What is dishonesty?


  • Statutory
  • Theft Act 1968 s 2 -Sets out criteria for when conduct will not be dishonest
  • Common law - Test for dishonesty defined in case law
• Dishonesty under s 2 Theft Act 1968

  • S 2 sets out conduct in which the defendant will NOT be regarded as dishonest Close [1977] Crim LR 107
  • 2(1)(a): Believes he has in law the right to deprive the other of it, on behalf of himself or of a third person
  • 2(1)(b): Believes that he would have the other’s consent if the other knew of it
  • 2(1)(c): Except where the property came to him as a trustee or personal representative, if he appropriates the property in the belief that the person to whom to the property belongs cannot be discovered by taking reasonable steps.
• What is the current test for dishonesty?

  • Ivey v Genting Casinos [2017]
  • Determine the individual’s genuine knowledge or belief as to the facts.
  • Consider whether the individual is dishonest by the standard of ordinary, reasonable people.