Theft

Theft Act 1968 s.1

Dishonestly appropriating property belonging to another with the intent to permanently deprive.

s.2

Dishonesty

s.2(1)(a)

D believes he has legal right to deprive the other.

s.2(1)(b)

D believes in the other’s consent.

s.2(1)(c)

D believes the owner cannot be found by taking reasonable steps.

s.2(2)

The Ivey / Barton & Booth test

s.3

Appropriation

Appropriation

Any assumption by a person of the rights of an owner amounts to an appropriation.

“Bundle” of rights

Right to: possess, sell, price, use, lend or destroy property.

s.4

Property

Property

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

Things which cannot be stolen:

Confidential information, fungus, flowers, fruit, and foliage, wild creatures.

Oxford v Moss

Confidential Information

s.4(3)

Fungus, flowers, fruit and foliage. Provided they are growing wild and not picked for reward or sale.

s.4(4)

Wild creatures, provided they are not tamed or in captivity.

s.5

Belonging to another

Belonging to Another

Property shall be regarded as belonging to any person having possession or control over it, or having any proprietary right or interest.

s.5(3)

Where property is received by D and D is under an obligation to deal with it in a particular way it may be theft if D fails to do so.

s.5(4)

Where a person receives property by mistake and is under legal obligation to return it to the owner, then the property is regarded as belonging to the person entitled to its return.

s.6

Intention to Permanently Deprive

Intent to Permanently Deprive

-where D intends to treat property as his own to dispose of regardless of the others rights

-where property is borrowed in circumstances equivalent to an outright taking

-“without meaning the owner to permanently lose the thing itself”

Conditional Intent

D picks up property to assess if there’s anything worth stealing and puts it back after deciding there is not.