Theft

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Theft - How to Apply

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I- D (name) may be charged with theft.

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D- Section 1 Theft Act 1968 defines theft as “the dishonest appropriation of property belonging to

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another

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with the intention to permanently deprive”.

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ACTUS REUS:

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E- Stage 1- Appropriation. Section 3 defines appropriation as “assuming the rights of an owner”.

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Key Law: Morris- Any assumption is enough

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Gomez- The appropriation must be dishonest

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SIDE RULES:

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• If D gets property but then decides to keep it- this is a theft (Section 3(1))

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• Consent- If the D had consent to take the property- this is still an appropriation (Lawrence)

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• Gifts- You appropriate property even if you receive it as a gift- (Hinks)

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APPLY to the scenario

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E- Stage 2- Property must be stolen

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Key Law- Under section 4 Theft Act 1968

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only four types of property can be stolen:

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• Money

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• Personal (wallet/ phone/ car)

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• Intangible (things you cannot touch- e.g. stocks and shares)

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• Real property (land and buildings)

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Property that CANNOT be stolen: (Tip: You do not need to include these in your answer unless

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relevant)

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• Knowledge (Oxford v Moss)

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• Wild animals/ plants

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• Electricity

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APPLY to the scenario

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E- Stage 3- The property must belong to another

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Section 5(1) property belongs to another if they have possession or control over it

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or a right or

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interest in it.

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SIDE RULES:

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• Stealing your OWN property- If someone else has a right or interest in your property

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you

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can steal your own property (Turner).

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• Lost property- The original owner still has a right and interest in it- (Section 5(1)

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• Abandoned property- The owner must have an intention to abandon property (Basildon)