theft

• a property offence
• s1 (1) theft act 1968
• theft = a person is guilty of theft if he dishonestly appropriates property belonging to another with the intention to permanently deprive the other of it.
• actus reus = appropriation, property, belonging to another
• appropriation = assumption of the rights of the owner
• appropriation - regardless if it's a gift (Hinks)
• appropriation - even with consent of the owner (Lawrence)
• property - includes money and all other property real or personal, things in action and other intangible
• property - confidential information does not constitute to property (Oxford v Moss)
• property - body parts can constitute to property (Kelly v Lindsay)
• belonging to another = having possession or control
• belonging to another - can be liable for theft of own property (Turner)
• belonging to another - D under obligation to restore overpayment of wages (AGs ref No1)
• belonging to another - can be in possession of property that D didn't know was there (Woodman)
• mens rea = dishonesty, intention to permanently deprive
• dishonesty - 3 examples when NOT dishonest

  1. believes he has the right in law to deprive other of it
  2. belief that he'd have others consent to appropriation
  3. appropriates property in belief person whom property belongs to cannot be discovered when taking reasonable steps
• dishonesty - objective test - were D's actions dishonest according to standards of honest and ordinary people (Ivey v Gentings Casinos)
• intention to permanently deprive - intention to treat thing as his own
• intention to permanently deprive - conditional intention to deprive is not enough, only temporary (Eason)