Theft
Theft is a statutory offence, defined in Section 1 of the Theft Act 1968.
“A person commits theft if he dishonestly appropriates property belonging to another with the
intention of permanently depriving the other of it”
As a component of the mens rea of stealing, dishonesty must pass a two-part test to be
recognised by the law. The test contains both objective and subjective elements and was put
down in R v Ghosh - where a locum doctor charged a hospital for work he hadn’t done, in
order to receive payment that he was already entitled to, for other work that he hadn’t been
paid for yet. It was decided by the court that dishonesty by the defendant is established if:
a. The reasonable man would see the conduct as dishonest, and
b. The defendant realised that it would be seen as dishonest by the standards of the
reasonable man.
Ivey v Genting Casinos (2017)
Appropriation
A method of assuming possession of the contested property. It does not imply the
assumption of full ownership rights. Property rights include the ability to sell, destroy, own,
use, rent out, and consume it.
Pitham and Hehl - the defendant had sold furniture belonging to someone else without their
permission. It didn’t matter that the furniture hadn’t been removed yet, as the offer to sell
was solely the right of the owner, so an appropriation had taken place.
Morris. Corcoran v Anderton - shows that the tugging of a handbag can amount to an
appropriation. Appropriation can even take place when consent is given. This was seen
in Lawrence, when a taxi driver took more money than he needed when a foreign
student offered her an open purse to pay for the fare.
Property
There are five sorts of property that can be stolen: money, personal property, real
property, objects in motion and other intangible property. The first two categories, which
include tangible items (for personal property) and coins and notes (for money), are
extremely simple. Land and buildings are essentially referred to as real property. Actions
enable the owner to uphold legal rights.
Belonging to Another
Usually indicates under the ownership or control of someone else. Property is obviously
in the ownership or under the control of its owner in most situations. However, they may
transfer that custody or control to another person in particular conditions.
Turner - stole back his car from the repair garage, before paying for the work done. The
car was temporarily under the possession and control of the garage, so he could be
found guilty of the theft of his own car.
The Theft Act 1968 also states that where a person receives property by mistake and is
under an obligation to return the property a failure to restore the property will also
amount to theft.
Theft is a statutory offence, defined in Section 1 of the Theft Act 1968.
“A person commits theft if he dishonestly appropriates property belonging to another with the
intention of permanently depriving the other of it”
As a component of the mens rea of stealing, dishonesty must pass a two-part test to be
recognised by the law. The test contains both objective and subjective elements and was put
down in R v Ghosh - where a locum doctor charged a hospital for work he hadn’t done, in
order to receive payment that he was already entitled to, for other work that he hadn’t been
paid for yet. It was decided by the court that dishonesty by the defendant is established if:
a. The reasonable man would see the conduct as dishonest, and
b. The defendant realised that it would be seen as dishonest by the standards of the
reasonable man.
Ivey v Genting Casinos (2017)
Appropriation
A method of assuming possession of the contested property. It does not imply the
assumption of full ownership rights. Property rights include the ability to sell, destroy, own,
use, rent out, and consume it.
Pitham and Hehl - the defendant had sold furniture belonging to someone else without their
permission. It didn’t matter that the furniture hadn’t been removed yet, as the offer to sell
was solely the right of the owner, so an appropriation had taken place.
Morris. Corcoran v Anderton - shows that the tugging of a handbag can amount to an
appropriation. Appropriation can even take place when consent is given. This was seen
in Lawrence, when a taxi driver took more money than he needed when a foreign
student offered her an open purse to pay for the fare.
Property
There are five sorts of property that can be stolen: money, personal property, real
property, objects in motion and other intangible property. The first two categories, which
include tangible items (for personal property) and coins and notes (for money), are
extremely simple. Land and buildings are essentially referred to as real property. Actions
enable the owner to uphold legal rights.
Belonging to Another
Usually indicates under the ownership or control of someone else. Property is obviously
in the ownership or under the control of its owner in most situations. However, they may
transfer that custody or control to another person in particular conditions.
Turner - stole back his car from the repair garage, before paying for the work done. The
car was temporarily under the possession and control of the garage, so he could be
found guilty of the theft of his own car.
The Theft Act 1968 also states that where a person receives property by mistake and is
under an obligation to return the property a failure to restore the property will also
amount to theft.
