Relevant sections of the theft act

Section 1

A person if is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it

Section 1(2)

It is immaterial whether the appropriation is made with a view to gain, or is made for the thief’s own benefit. Meaning if all the elements of theft are satisfied their motivations are irrelevant. This means that a modern day robin hood would be found guilty of theft.

Section 3 (1)

Any assumption by a person of the rights of an owner amounts to appropriation, this includes where the owner has come by it without stealing it but then later assumes the right of an owner by deciding to keep or deal with the property

Section 3 (2)

Deals with the situation property or a right or interest in property obtained in good faith

Section 4

Property includes money and all other property, real or personal, including things in action and other tangible property - Things in action - Cash, Intangibles - Things you cannot touch

Section 4 (3)

Wild plants can be taken as long as they are not for sale or a reward in which case it would be theft

Section 4 (4)

Wild creatures cannot be stolen unless they have been reduced into possession by or on behalf of another or are in the process of being reduced into possession

Specific cases under section 4

Property does include prohibited drugs - R v Smith. Property does not generally include corpses as in R v Sharp unless the corpses are being used for a specific purpose like medical research as in R v Kelly 1999

Section 5 (1)

Provides that property will be regarded as belonging to any other person having possession or control of it. This can mean that a person may be liable for theft of their own property if it is deemed in the possession or control of another

Section 5 (3)

provides that where the property in question is given to a person with instructions to deal with it in a certain way, the ownership in the property is deemed to remain with the giver. Therefore if a person receiving the property deals with it in a way which is inconsistent with the instructions this can amount to theft. The central question is whether there was a clear obligation to deal with the property in a particular manner

Section 5 (4)

provides that where a person receives property by mistake and is under an obligation to return the property a failure to restore the property will amount to theft.

Abandoned property under section 5

If property is truly abandoned it has no owner and anyone who takes it will not be liable for theft. Difficulty may arise in deciding whether property is abandoned.

Lost property under section 5

Lost property is still regarded as belonging to the loser. However, where the owner can not be found by taking reasonable steps, the finder of the property has better title to the items than the owner of land on which the items are found

Section 2

Dishonesty as the mens rea for theft

Exceptions for dishonesty under section 2

If D appropriates the property in the belief that he has in law the right to deprive the other of it, on behalf of himself or another; if he appropriates the property in the belief that he would have the other’s consent if the other knew of the appropriation and the circumstances of it; if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps.

Section 2 (2)

states that a person may be dishonest notwithstanding a willingness to pay. This is perhaps a little unhelpful in determining honesty since it does not state whether a person will be honest or not but simply 'may'.

Section 6

a person is treated as having the necessary intention if they treat the property as their own regardless of the owners rights. This covers situations where the defendant intends to return the property to its owner eg the stealing of a store gift voucher and using it in the store to pay for goods. The operation of this provision can be seen in. Also covers borrowing in circumstances making it equivalent to an outright taking. The courts have taken a strict line on what amounts to being equivalent to an outright taking:

All Five examples of property

Money and all other property, real property, personal property, things in action, and intangible property

Section 8

A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subject to force.

Section 9 (1)(a)

a person is guilty of burglary if he enters any building or part of a building as a trespasser with intent to steal, inflict GBH or do any unlawful damage to the building or any thing in it

Section 9 (1)(b)

A person is guilty of burglary if, having entered a building or part of a building as a trespasser, he steals or attempts to steal anything in the building, or inflicts or attempts to inflict GBH on any person in the building