Criminal -> Theft

s. 1 (1) Theft Act 1968 defines theft as:

“A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and "thief" and "steal" shall be construed accordingly.”

The actus reus of theft Appropriation of Property Belonging to another.

The mens rea consists Dishonestly, and The intention of permanently depriving the other of it.

Actus Reus (the physical element)

Appropriation is defined in s.3 (1) stating:

“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 by keeping or dealing with it as an owner.”

• Kelly suggests it’s possible to steal something that is already stolen as lawful possession is not necessary. Although some protection is offered to the bona fide (in good faith) purchaser by s3(2).
• HoL have also made it plain that an assumption of any right of an owner will be an appropriation (R v Morris).
• Property can be appropriated by authorised acts if they are dishonest (R v Gomez).

Property is defined under s4 (1) as:

“"Property" includes money and all other property, real or personal, including things in action and other intangible property.”

• Any currency that’s legal tender can count as money, however cheques are not money until filled out.
• ‘Things in action and other intangible property’ usually personal rights of property that can only be claimed or enforced by legal action and not by taking physical possession i.e. debt, rights, patents, copy right (William).
• Oxford v Moss – secret information can not be stolen, as once it had entered the public domain it has no value.
• It is an offence to dishonestly use, waste or divert electricity s13.
• S4 (3) states, it is not theft to take mushrooms or flowers, fruit or foliage from a wild plant. It would however, be theft to take the whole plant, or to take anything for a commercial purpose. Thus it would be theft if mushrooms were picked in order to sell them later.
• S4 (4) animals in zoos, safari parks and domestic pets can all be stolen, even if they are appropriated having escaped from captivity. A wild animal, whether live or dead, cannot be stolen unless it has already been taken into possession by somebody else.

Belonging to another is defined in s5 (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 (not equitable interest arising only from an agreement to transfer or grant an interest)”

• Possession (Turner (No 2))
• Control (Woodman)

Clearly this section does not require that property should be owned by the person from whom it is appropriated; mere possession or control is enough.

Generally property is never without an owner.

Mens Rea (the mental element)

Dishonesty is dealt with in s2 with a partial defence:

If, however the defendants situation does not fit within s2(1) but there is still some debate as to whether or not his actions were dishonest you must apply the Ghosh test:
A person is not dishonest if either:
(i) his actions were in accordance with the standards of ordinary people or
(ii) If it was dishonest by those standards whether the defendant himself must have realised that what he was doing was by those standards dishonest.

The second point need only be put to the jury in those cases where the defendant raised the special plea that he did not think he was being dishonest by his own standards.

Intention to permanently deprive
as defined in s.6.