theft key facts

What is the definition of theft under s1(1) Theft Act 1968?

Dishonest appropriation of property belonging to another with the intention to permanently deprive.

What are the two elements that must be proved for theft?

The actus reus and mens rea.

What are the three elements of the actus reus of theft?

Appropriation, property and belonging to another.

What are the two elements of the mens rea of theft?

Dishonesty and intention to permanently deprive.

What is appropriation under s3 Theft Act 1968?

Appropriation is the assumption of any of the rights of the owner.

Can appropriation occur if the owner consents?

Yes. Appropriation can occur even where the owner initially or voluntarily consents.

What are examples of the rights of an owner?

Selling, keeping, using, destroying, consuming or giving away property.

What is property under s4 Theft Act 1968?

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

What is real property?

Land and things attached to land.

What is personal property?

Movable property such as money, phones, cars or clothing.

What are things in action?

Intangible rights that can be enforced through legal action, such as certain debts or bank balances.

What is excluded from property under s4(3)?

Confidential information is not property for the purposes of theft.

What is excluded from property under s4(4)?

Wild plants and wild animals, subject to statutory exceptions.

What does 'belonging to another' mean under s5?

Property is regarded as belonging to anyone with possession or control of it, or a proprietary right or interest.

Can property belong to more than one person?

Yes. Ownership, possession and control can be held by different people.

What does s5(3) deal with?

Property received under an obligation to deal with it in a particular way.

What does s5(4) deal with?

Money received where D is under an obligation to return the same amount.

What is abandoned property?

Property which the owner has genuinely given up with no intention of reclaiming it.

Does simply leaving property somewhere make it abandoned?

No. The key issue is whether the owner genuinely intended to abandon it.

How can gambling relate to 'belonging to another'?

A gambling debt is generally not legally enforceable, so money kept after an unenforceable gambling debt will generally not belong to another.

What are the two parts of the mens rea of theft?

Dishonesty and intention to permanently deprive.

What does s2 Theft Act 1968 say about dishonesty?

It gives situations where D is not regarded as dishonest.

When is D not dishonest under s2(1)(a)?

When D genuinely believes they have a legal right to deprive the other person of the property.

When is D not dishonest under s2(1)(b)?

When D genuinely believes the owner would consent if they knew of the appropriation and circumstances.

When is D not dishonest under s2(1)(c)?

When D genuinely believes the owner cannot be discovered by taking reasonable steps.

What test is used to determine dishonesty when s2 does not apply?

The objective test from Ivey: establish D's actual belief about the facts, then ask whether ordinary decent people would consider the conduct dishonest.

What is the first stage of the Ivey dishonesty test?

Establish D's actual state of knowledge or belief about the facts.

What is the second stage of the Ivey dishonesty test?

Decide whether ordinary decent people would regard D's conduct as dishonest based on those facts.

What does 'intention to permanently deprive' mean?

D must intend to permanently deprive the owner of their property.

Can intention to permanently deprive exist even if D plans to return the property?

Yes. Under s6, certain forms of borrowing or treating property as one's own can amount to permanent deprivation.

When can borrowing amount to permanent deprivation under s6?

Where D intends to return the property in a condition where it has been wholly diminished.

What does s6 say about treating property as your own?

Treating property as your own to dispose of regardless of the owner's rights can amount to permanent deprivation.