Theft and Robbery

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

A person is guilty of theft if they dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it.

What are the five elements of theft?

Appropriation, property, belonging to another, dishonesty and intention permanently to deprive.

Which elements of theft form the actus reus?

Appropriation under section 3, property under section 4 and belonging to another under section 5 of the Theft Act 1968.

Which elements of theft form the mens rea?

Dishonesty under section 2 and intention permanently to deprive under section 6 of the Theft Act 1968.

Must all five elements of theft coincide?

Yes. All five elements must exist simultaneously.

Is theft a conduct crime or a result crime?

A conduct crime.

Must the owner suffer a particular result or loss before theft is complete?

No. Theft is complete when all five statutory elements coincide.

Which provision defines appropriation for theft?

Section 3 of the Theft Act 1968.

What is appropriation under section 3(1) of the Theft Act 1968?

Any assumption by a person of the rights of an owner.

Must the defendant assume every right of an owner to appropriate property?

No. The assumption of any one right of an owner is sufficient.

What conduct may amount to assuming an owner’s rights?

Selling, hiring, giving away, destroying, keeping or otherwise dealing with the property as owner.

What did R v Morris establish about appropriation?

R v Morris held that swapping price labels assumed the shop owner’s right to price goods and therefore amounted to appropriation.

What happened in R v Morris?

The defendant changed price labels so that he could pay a lower price for goods.

Does appropriation depend upon the owner’s lack of consent?

No. Property may be appropriated even with the owner’s consent.

Can consent obtained through a false representation prevent appropriation?

No.

What did R v Gomez establish about consensual transactions?

R v Gomez held that an owner’s consent to a transaction does not prevent the transaction from amounting to appropriation.

What happened in R v Gomez?

An assistant manager persuaded the shop manager to accept stolen cheques by falsely claiming that they were legitimate.

Why did the shop manager’s authorisation not prevent appropriation in R v Gomez?

Appropriation concerns the assumption of an owner’s rights irrespective of consent obtained through deception.

Is appropriation treated as a morally neutral act?

Yes. Dishonesty is considered separately as part of the mens rea.

Can accepting a valid gift amount to appropriation?

Yes.

What did R v Hinks establish about gifts and appropriation?

R v Hinks held that accepting a valid inter vivos gift may amount to appropriation if the defendant acts dishonestly.

What happened in R v Hinks?

The defendant repeatedly persuaded a person of limited intelligence to withdraw and give her money totalling about £60,000.

Does the donor’s state of mind determine whether a gift has been appropriated?

No. The donor’s consent and intention to make a valid gift do not prevent appropriation.

Can a defendant steal property that the owner genuinely intended to give them?

Yes, if the other elements of theft, particularly dishonesty, are established.

In the dementia-colleague example, has the woman appropriated the £2,000 despite the colleague’s genuine gift?

Yes. His consent and intention to make a gift do not prevent appropriation.

When may a later appropriation occur under section 3(1) of the Theft Act 1968?

Where the defendant initially acquires property without theft but later assumes an owner’s right by keeping or dealing with it as owner.

Why is later appropriation important?

It allows theft where the defendant lacked mens rea when first receiving the property but formed it later.

When is theft committed through a later appropriation?

When the defendant later assumes an owner’s right while possessing the required dishonesty and intention permanently to deprive.

Does it matter whether the defendant originally acquired the property innocently?

No. Section 3(1) applies whether the defendant came by it innocently or otherwise.

What protection is given to innocent purchasers under section 3(2) of the Theft Act 1968?

A person who acquires property in good faith and for value is not guilty of theft merely because they later discover that the seller lacked title and keep it.

What does “in good faith and for value” mean under section 3(2)?

The defendant honestly purchased the property and gave value for it without knowing of the seller’s defective title.

Are purchasers acting in bad faith protected by section 3(2)?

No.

What did R v Adams establish about innocent purchasers?

R v Adams held that a good-faith purchaser for value was protected by section 3(2) after later discovering that the goods were stolen.

Why was the conviction quashed in R v Adams?

Section 3(2) prevented the defendant’s later decision to keep the goods from constituting theft.

Which provision defines property for theft?

Section 4 of the Theft Act 1968.

What is property under section 4(1) of the Theft Act 1968?

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

What is the general rule concerning property and theft?

All forms of property may generally be stolen unless a statutory or common-law exception applies.

Can money be stolen?

Yes.

Can personal property such as jewellery be stolen?

Yes.

Can land ever be stolen?

Yes, but only in the limited circumstances specified by section 4(2).

Can intangible property be stolen?

Yes.

What are examples of intangible property capable of theft?

Things in action, company shares, trademarks, patents, copyright, debts and credit in a bank account.

What is a thing in action?

An enforceable right, such as a right to sue or recover a debt.

Can unlawful items be property for theft?

Yes.

Which case confirms that illegal drugs can be stolen?

Smith, Plummer and Haines.

What is the general rule on stealing land under section 4(2)?

Land cannot ordinarily be stolen.

When can a person authorised to deal with land steal it under section 4(2)(a)?

Where they deal with land belonging to another in breach of the confidence placed in them.

What is an example of theft of land under section 4(2)(a)?

A trustee or liquidator dishonestly selling more land than authorised.

When can a trespasser or invited guest steal something forming part of land under section 4(2)(b)?

Where they sever it from the land or appropriate it after it has been severed.

What are examples of property stolen under section 4(2)(b)?

A fence, tree, plant or other item forming part of the land.

When can a tenant steal a fixture or structure under section 4(2)(c)?

Where the tenant appropriates all or part of a fixture or structure let for use with the land.

What is an example of theft by a tenant under section 4(2)(c)?

Removing a fixed greenhouse from rented land.

What is the general rule concerning wild plants under section 4(3)?

Picking wild mushrooms, flowers, fruit or foliage is not normally theft.

When can picking wild plants amount to theft?

Where done for reward, sale or another commercial purpose, where the plant is uprooted or cut, or where the plant is cultivated.

Can a person steal mushrooms picked for personal consumption from the wild?

Generally no.

Can a person steal wild flowers picked for sale?

Yes.

Can cultivated plants be stolen?

Yes.

What is the general rule concerning wild creatures under section 4(4)?

Untamed wild animals and animals not ordinarily kept in captivity cannot ordinarily be stolen.

Can pets be stolen?

Yes, because they are tamed animals.

Can animals kept in captivity be stolen?

Yes.

Can an animal in the course of being reduced into possession be stolen?

Yes, such as an animal already trapped.

Can electricity be stolen?

No.

Which case confirms that electricity is not property capable of theft?

Low v Blease.

Can a corpse ordinarily be stolen?

No.

Can body parts ordinarily be stolen?

No.

When may a corpse or body part become property capable of theft?

Where it has been taken into another’s possession or control, or has acquired different attributes through scientific or teaching work.

What are examples of human material capable of theft?

A corpse held in a hospital, blood donated to a blood bank, or body parts altered or preserved for scientific teaching.

Which case establishes that body parts may become property through the application of skill?

R v Kelly and Lindsay.

Can confidential information be stolen?

No.

Which case confirms that confidential information is not property for theft?

Oxford v Moss.

Can services such as a train journey be stolen?

No.

Is a cheque drawn beyond an agreed overdraft limit necessarily property obtained from the bank?

No, because the bank is not obliged to honour it.

Which provision defines property as belonging to another?

Section 5 of the Theft Act 1968.

When does property belong to another under section 5(1)?

Where another person has possession or control of it, or any proprietary right or interest in it.

Must the person to whom property belongs be its legal owner?

No. Possession, control or a proprietary interest is sufficient.

Can abandoned property belong to another?

Property genuinely abandoned may cease to belong to another.

Are courts quick to conclude that property has been abandoned?

No.

Is a wedding ring abandoned merely because its owner has stopped searching for it?

No.

What did Williams v Phillips establish about domestic waste?

Williams v Phillips held that householders do not abandon items placed in domestic waste because they intend the local authority to collect them.

What did Hibbert v McKiernan establish about lost golf balls?

Hibbert v McKiernan held that golf balls lost on a course had not been abandoned.

Can possession or control over land give a person possession or control over items found there?

Yes, if they have manifested an intention to control the land and items upon it.

What did R v Woodman establish about control of premises?

R v Woodman held that factory owners controlled scrap metal on the premises because they had taken steps to exclude trespassers.

Did the factory owners in R v Woodman need to know that the scrap metal was present?

No. Their control of the premises was sufficient.

What did Parker v British Airways Board establish about found property?

Parker v British Airways Board held that an occupier controls lost property only if it has manifested an intention to control the premises and items found there.

What happened in Parker v British Airways Board?

A passenger found a gold bracelet in an airport lounge.

Why did the airline not have possession or control of the bracelet in Parker?

It had not sufficiently demonstrated an intention to control lost items in the lounge.

How might an occupier expressly demonstrate an intention to control lost property?

By displaying a notice stating that items found on the premises are controlled or claimed by the occupier.

Can a person steal their own property?

Yes, if it is in another person’s possession or control.

What did R v Turner (No 2) establish about stealing one’s own property?

R v Turner (No 2) held that a defendant stole his own car when he removed it from a mechanic without paying.

Why did the car belong to the mechanic for theft purposes in R v Turner (No 2)?

The mechanic had possession and control of it.

What does section 5(3) of the Theft Act 1968 cover?

Property received for a particular purpose where the defendant is legally obliged to retain or deal with it or its proceeds in a specified way.

Can property legally owned by the defendant still belong to another under section 5(3)?

Yes.

Why does section 5(3) create a form of split ownership?

Legal title may pass to the defendant, while the property is treated as belonging to another for theft because of the legal obligation attached to it.

What kind of obligation is required under section 5(3)?

A binding legal obligation, not merely an expectation or moral duty.

Who determines whether a legal obligation exists under section 5(3)?

The judge, applying civil-law principles.

In what situations is a section 5(3) obligation more likely to arise?

Where money must be kept separately, forwarded, held on trust or used for an expressly specified purpose.

Does money being handed over for a purpose automatically create a section 5(3) obligation?

No.

What did R v Hall establish about money paid to a business?

R v Hall held that customer payments to a travel agent did not remain property belonging to the customers because there was no obligation to keep the money separate.

What happened in R v Hall?

A travel agent paid customer money into the general business account and used it to pay creditors rather than purchasing tickets.

Why did section 5(3) not apply in R v Hall?

The customers expected tickets but had no legal right to require their particular money to be kept separately.