Theft and related offences.

Introduction to Theft (3)

1. Governed by section 1-7 of the Theft Act 1968

2. As usual, the prosecution must prove every element of the crime, and the Actus Reus and Mens rea must coincide to result in liability.

3. Relevant theft related offences include Robbery, Burglary and Aggravated Burglary

Definition of Theft (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.

The Actus Reus of Theft (3)

1. Appropriates

2. Property

3. Belonging to another

Appropriation (5)

1. The definition of appropriation is set out in S.3 (1) of the Theft Act

2. “Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner.” 

3. Rights of an owner = The rights that someone who legally owns that property would have, such as consuming or moving etc. You need only assume one right to be liable, shown in R vs Morris.

4. Consent is not relevant to appropriation, meaning you can appropriate property with the owner’s consent. - Lawrence vs Met Police and Hinks

5. Appropriation can happen at any time, such as if you borrow something consensually and then choose not to return it.

Property (5)

1. Property is defined in S.4(1) of the Theft Act.

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

3. Money refers to current currency, including foreign currency.

4. Real property refers to land, and personal property refers to anything physically existing that is not land.

5. Things in action refers to debts, bank balances, shares and trademarks.

    
   

Belonging to another (BTA)

1. Property must BTA at the time of appropriation.

2. S.5(1) states that “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 being an equitable interest arising only from an agreement to transfer or grant an interest.”

3. Landowners will possess things on their property, regardless of their knowledge of the item. - Woodman case.

4. Complete ownership is not necessary, and more than one person can have possession over an item. - Turner Case.

5. Someone cannot be guilty of theft if they acquire the interest in property prior to appropriation. (Such as paying for something in a shop and then leaving with it)

Mens Rea of Theft.