Theft Law Overview

Introduction

• Theft is a statutory offense defined in the Theft Act 1968.
• A person is guilty if they:
  • Dishonestly appropriate property belonging to another.
  • Have the intention to permanently deprive the other of it.
• Sections 2-6 provide definitions for the elements of theft.
• Section 7 sets the maximum penalty of theft at 7 years.
• Theft is a triable either-way offense.

Key Elements of Theft

Actus Reus

1. Appropriation

   • Defined in Section 3 as assuming any rights of the owner.
   • Important cases:
     • Pittman v. Hehl: Selling property is appropriation.
     • Morris: Switching labels on items is appropriation.
     • Corcoran v. Anderton: Tugging a handbag is appropriation.
     • Lawrence: Appropriation can occur with the owner's consent.
     • Hinks: Accepting a valid gift can be appropriation.

2. Property

   • Defined in Section 4 as money, personal property, land, buildings, and things in action.
   • Important cases:
     • Kelly v. Lindsay: Body parts can be property if they have value.
     • Oxford v. Moss: Information is not property, but the paper it’s on is.
   • Exceptions:
     • Wild mushrooms, flowers, or foliage are not theft unless for sale (Section 4-3).
     • Wild creatures can’t be stolen, but pets can.

3. Belonging to Another

   • Defined in Section 5 as anyone with possession, control, or proprietary rights.
   • Important cases:
     • Turner: You can steal your own car if it's in someone else's possession.
     • Woodman: Theft can occur even if the owner doesn't know they possess the item.
   • Section 5-3: Property given with instructions retains ownership with the giver until used for that purpose.
   • Section 5-4: Obligation to return property received by mistake (e.g., overpayment).

Mens Rea

1. Dishonesty

   • Not explicitly defined in the Theft Act.
   • Section 2-1 lists situations where actions are not dishonest:
     • Belief of legal right.
     • Belief of other's consent.
     • Belief that the owner cannot be found after reasonable steps.
   • Ghosh test amended by Ivey v. Genting: Would a reasonable person view it as dishonest?

2. Intention to Permanently Deprive

   • Defined in Section 6.
   • Important cases:
     • Velumyl: Intention to replace money with different notes still constitutes theft.
     • Lloyd: Borrowing can be theft if the item's value is diminished.
     • Eason: Conditional intent does not satisfy theft.

Conclusion

• Theft, as defined by the Theft Act 1968, involves complex interpretations of appropriation, property, and the concept of belonging.
• Understanding the actus reus and mens rea elements, along with relevant cases, is crucial for comprehending the intricacies of theft law.