The Theft Act

Theft: Definition

The Definition of theft is " To dishonestly appropriate the property belonging to another with the intention of permanently depriving the other of it".

This can be split into six different sections:

Section 1: Definition

Section 2: Dishonestly

Section 3: Appropriate

Section 4: Property

Section 5: Belonging to another

Section 6: With the intention of permanently depriving the other of it.

Mens Rea | Actus Reus

The Theft Act : Section 2 - Dishonestly

• There is no definition of dishonest
• There are 3 situations where the defendant is NOT dishonest
• 1 - He honestly believes in law he has the right to deprive the other of it.
• 2 - He believes he would have the owner's consent if the other knew of the appropriation.
• 3 - The person to whom the property belongs to cannot be discovered by taking reasonable steps.
• This must be the defendants genuine honest belief not reasonable or correct.

Ghosh Test - lays out the tests needed to be followed to see if someone was dishonest in appropriating property. It is objective and subjective,

• 1. Was the action dishonest according to the ordinary standards of reasonable and honest people?

• 2. Did the defendant realise that what he was doing was dishonest by these standards?

The Theft Act: Section 3 - Appropriation

Appropriation is defined as "Assuming the rights of the owner"

These rights could be lending, selling, destroying, hiring out etc

Some cases that portray appropriation are:

• R v Morris - Rights can be all or part

• R v Lawrence - Appropriation can be with the consent of the owner

The Theft Act: Section 4 - Property

"Property includes money and all other property, real or personal, including things in action and other intangible property"

• Money
• Real Property
• Personal Property
• Things in Action
• Other Intangible Property

Cases that help to define property are:

• Kelly and Lindsey - Dead bodies and body parts can be personal property
• Oxford v Moss - Knowledge and information cannot be stolen.

The Theft Act: Section 4(3)

• Picking fungi, flowers, foliage and fruit from the wild does not amount to theft, unless it is done for reward, sale or other commercial purpose.

The Theft Act: Section 4(4)

• Wild creatures that are untamed or not ordinarily kept cannot be stolen unless they have been or a being 'reduced into possession' by someone else.
  

The Theft Act: Section 5 - belonging to another

Definition of belonging to another is:The person having possession or control.

• The possession does not have to be lawful

• Turner no.2 - Defendant can be guilty of stealing their own property

Definition of belonging to another                                     

• AGs Ref No.1 - Legal obligation to make restorarion when property is obtained by mistake

• Gilks - No legal obligation to make restoration in gambling situation.

The Theft Act: Section 6 - Intention to permanentlty deprive the other of it.

• The intention to never return the property.

• Velumyl - Must return the same property

• Lavender - Dispose is extended to mean deal

• Lloyd - If value of property has reduced then intention is present

• Eason - Conditional intent, is not sufficient

Robbery

• Definition: "Guilty if he steals and immediately before or at the time of doing so uses force on any person or seeks to put any person in fear of force."

• Actus Reus: Completed theft and force or threatened force (just before or at same time)

• Mens Rea: Sec. 2 and Sec. 6 and intend to use force to steal.

Entry

• Not defined in act

• Collins: Effective and substantial entry
• Brown: Effective entry
• Ryan: Entry does not have to be effective or substantial

Building

• Solid structure connected to utilities with locks and doors (Leathley)
• Theft Act 1968 gives an extended meaning to the word building - to include house boats and caravans
• No basic definition
• A mobile place is not a building (Seeking and Gould)

Part of a building

• Covers situations where defendant may have permission to be in one part of the building but not another
• Behind a counter (R v. Walkington)
• Other examples, store rooms, offices in colleges.

Trespasser

• Definition: Someone who does not have permission to be there (Collins

• Going beyond permission:
  • If defendant goes beyond permission he becomes a trespasser. 
  • (Smith and Jones)

• Examples: Ticket = license

ENTRY BY FRAUD = TRESPASSER

Burglary (9 (1) (a) )

A person is guilty if they: "Enter a building or part of a building as a trespasser with the intent to"

(actus reus)

1. Steal

2. Cause GBH

3. Criminal Damage

(ulterior offences)

• Mens rea -
  • 1. Intend to trespass
  • 2. Ulterior offences

Burglary (9(1) (b))

A person is guilty of burglary if "having entered a building or part of a building as a trespasser they commit or attempt to commit: 

• Theft
• Cause GBH

(ulterior offences)

Mens rea (1. Intend to trespass, Mens rea of ulterior offences).