Theft

• s.1 Theft Act 1968 - 'A dishonest appropriation of property belonging to another with the intention to permanently deprive'
• AR: s.3 - Appropriation

  • Any assumption of the rights of the owner - Morris
  • Appropriation can occur with the V's consent - Lawrence
• AR: s.4 - Property

  • Defines property as "money and all other property, real or personal, including things in action and other intangible property"
  • Wild plants, fruits and mushrooms is not property unless they are picked from someone's garden
  • Wild animals are not property unless they are in captivity, e.g. a zoo
  • Information is not property unless it is personal information - Oxford and Moss
• AR: s.5 - Belonging to another

  • Defines belonging to another as "any person being in possession or control over it, or having a propriety interest in it" - Turner
  • s.5(3) states that if the D is given property with a specific obligation to handle it in a particular way, it still belongs to the owner until that obligation has been carried out - Davidge v Bunnett
  • Ownerless property cannot be stolen, but lost property can - Basildon
  • If extra money/wages is given by accident, the D has a legal obligation to return it as keeping the money will be an act of appropriation
• MR: s.2 - Dishonest

  • No definition for dishonesty but there are circumstances where a person is not dishonest
  • The D believes they have a legal right to the property
  • The D believes that the owner would have consented to them having the property
  • The true owner cannot be found after taking reasonable steps
  • Ivey v Genting Casinos - "Would the sober and reasonable man regard D's acts as being dishonest?"
• MR: s.6 - Intention to permanently deprive

  • Must exist at the time of appropriation
  • Does not matter if D gives the property back, as long as they had ITPD at the time of appropriation
  • Money - ITPD if the V is deprived of the exact notes and coins (Velumyl)
  • Borrowed property - Must have wholly diminished in value (Lloyd)
  • Conditional intent - Will not be theft as ITPD cannot be established, but could be liable for an attempt (Easom)