Section 1 of the Theft Act 1968 (TA 1968) defines- A person is guilty of theft if he dishonestly
appropriates property belonging to another with the intention of permanently depriving the other of it.
Five elements of theft
1) Appropriates;
2) Property;
3) Belonging to another;
4) Dishonestly;
5) With an intention permanently to deprive.
Actus reus of theft
Appropriating property belonging to another.
1) Property
Section 4(1) of the Theft Act 1968 defines property in general as: ‘property’ includes money and all other
property, real or personal, including things in action and other intangible property.
Categories of what amounts to a Property
a) Land
‘Real property’ stated in Section 4(1) TA 1968 refers to Land.
Section 4(2) TA 1968 states that land or things forming part of the land and severed from the land.
Cannot be stolen unless:
i) Section 4(2) (a) - when the defendant is a trustee or personal representative, or is authorized by power
of attorney, or as liquidator of a company, or otherwise, to sell or dispose the land belonging to another,
and deals with it in breach of the confidence in him;
ii) Section 4(2) (b) – when he is not in possession of the land and appropriates anything forming part if
the land by severing it or causing it to be severed, or after it has been severed; or
iii) Section 4(2) (c) – when in possession of the land under a tenancy, he appropriates the whole or part
of any fixture or structure let to be used with the land.
b) Fruits and Plants
Section 4(3) TA 1968 states: a person who picks mushrooms growing on any land, or who picks flowers,
fruit or foliage from a plant growing wild on any land, does not (although not in possession of the land)
steal what he picks, unless he does it for reward or for sale or other commercial purpose.
These rules only apply to those not in possession of the land. Picking wild mushrooms, fruit, or flowers
frim land is not theft unless it is done for commercial reasons.
It shall be noted that ‘picking’ stated in Section 4(3) does not apply to people who uproots the whole
plant, or cut parts of plants, who are guilty of theft. Secondly, it only applies to wild mushrooms or
appropriates property belonging to another with the intention of permanently depriving the other of it.
Five elements of theft
1) Appropriates;
2) Property;
3) Belonging to another;
4) Dishonestly;
5) With an intention permanently to deprive.
Actus reus of theft
Appropriating property belonging to another.
1) Property
Section 4(1) of the Theft Act 1968 defines property in general as: ‘property’ includes money and all other
property, real or personal, including things in action and other intangible property.
Categories of what amounts to a Property
a) Land
‘Real property’ stated in Section 4(1) TA 1968 refers to Land.
Section 4(2) TA 1968 states that land or things forming part of the land and severed from the land.
Cannot be stolen unless:
i) Section 4(2) (a) - when the defendant is a trustee or personal representative, or is authorized by power
of attorney, or as liquidator of a company, or otherwise, to sell or dispose the land belonging to another,
and deals with it in breach of the confidence in him;
ii) Section 4(2) (b) – when he is not in possession of the land and appropriates anything forming part if
the land by severing it or causing it to be severed, or after it has been severed; or
iii) Section 4(2) (c) – when in possession of the land under a tenancy, he appropriates the whole or part
of any fixture or structure let to be used with the land.
b) Fruits and Plants
Section 4(3) TA 1968 states: a person who picks mushrooms growing on any land, or who picks flowers,
fruit or foliage from a plant growing wild on any land, does not (although not in possession of the land)
steal what he picks, unless he does it for reward or for sale or other commercial purpose.
These rules only apply to those not in possession of the land. Picking wild mushrooms, fruit, or flowers
frim land is not theft unless it is done for commercial reasons.
It shall be noted that ‘picking’ stated in Section 4(3) does not apply to people who uproots the whole
plant, or cut parts of plants, who are guilty of theft. Secondly, it only applies to wild mushrooms or
