theft

act and section

Theft Act (1968) s.1

a person if guilty of theft is…

“he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it”

s.3 “appropriation”

• D to have possession/control (often simple+obvious)

• R v Morris - assuming the rights of the owner

• R v Pitham + Hehl - did not touch the property - dealt with it in an unauthorised way

• R v Lawrence - allowed - by deceit

• R v Gomez - Fraud

s.4 “property”

• s.4(1) - “property includes money and all other property, real or personal, including intangible property” - even things without a physical existence such as debts or copyrights can be stolen

• s.4(3) - wild plants + s.4(4) - wild animals cannot be property capable of theft

s.5 “belonging to another”

• property is regarded as belonging to any person having possession or control or any proprietary right

• R v Woodman - abandoned property

s.5(3)

• even though D will have possession or control, it will still belong to another (the provider) if not dealt with as intended

• Davidge v Bunnett

s.5 (4)

• where a person gets property by another’s mistake, and is under an obligation to make restoration

• AG’s Ref no1 of 1983 (1985) - overpaid wages

s.2 “dishonesty”

• s.2(1)(a) - not dishonest D believes he has legal right to the property

• s.2(1)(b) - D believes he has consent of the owner

• s.2(1)(c ) - D believes the owner cannot be traced

test for dishonesty

• Ivy v Genting (civil case) R v Barton + Booth (criminal)

a) the jury must know of D’s knowledge (subjective)

b) is what D did a dishonest thing to do? (objective)

s.6

intention to permanently deprive