THEFT
DEFINTION: Theft is defined in s1 of the Theft Act 1968 as a person is guilty of theft if he
dishonestly appropriates property belonging to another with the intention of permanently depriving
the other of it.
S2 – dishonestly (mens rea)
Three honesty exceptions
S2(1)(a) D thinks they have legal right to the property (R v Robinson)
S2(1)(b) D thought they would have the owner’s consent to appropriate (R v Holden)
S2(1)(c) D cannot find the owner through reasonable steps (R v Small)
IVEY TEST (Ivey v Genting Casino)
1. Did the defendant know what they were doing and the surrounding circumstance?
2. Would ordinary decent members of society say what was done is dishonest?
S3 – appropriates (actus reus)
Appropriation is assuming the rights of the owner (R v Pitham and Hehl)
There can also be appropriation where D acquires property without stealing and later
deciding to keep it.
S4 – property (actus reus)
Money, real property, personal property, things in action
(Oxford v Moss) confidential information cannot be stolen
S5 – belonging to another (actus reus)
The V must have had possession, control or proprietary interest in the property, this
includes property which is not the sole property of V
R v Turner – as the garage held proprietary interest due to the repair taking the car was
theft even though it belonged to D.
S5(3) – where the V has entrusted the property to another, this must be for the intended
purposes
Davidge v Bunnett – there was a clear obligation to use the money in a certain way, any
other use would be theft
S5(4) where D gains the property by mistake, then they are under legal obligation to return
to its owner
AG Ref No 1 of 1983 – where D receives property by mistake, they are under an obligation
to return it, refusal to do so will be theft.
S6 – with the intention of permanently depriving the other of it (mens rea)
No statutory definition – the court have given a wide definition
There is intention to permanently deprive if you treat the property as your own to dispose
of, regardless of the others rights (Lavender v DPP)
Under s6(2) there is intention to permanently deprive even if the property is returned but
some of its value had been diminished (R v Lloyd)
DEFINTION: Theft is defined in s1 of the Theft Act 1968 as a person is guilty of theft if he
dishonestly appropriates property belonging to another with the intention of permanently depriving
the other of it.
S2 – dishonestly (mens rea)
Three honesty exceptions
S2(1)(a) D thinks they have legal right to the property (R v Robinson)
S2(1)(b) D thought they would have the owner’s consent to appropriate (R v Holden)
S2(1)(c) D cannot find the owner through reasonable steps (R v Small)
IVEY TEST (Ivey v Genting Casino)
1. Did the defendant know what they were doing and the surrounding circumstance?
2. Would ordinary decent members of society say what was done is dishonest?
S3 – appropriates (actus reus)
Appropriation is assuming the rights of the owner (R v Pitham and Hehl)
There can also be appropriation where D acquires property without stealing and later
deciding to keep it.
S4 – property (actus reus)
Money, real property, personal property, things in action
(Oxford v Moss) confidential information cannot be stolen
S5 – belonging to another (actus reus)
The V must have had possession, control or proprietary interest in the property, this
includes property which is not the sole property of V
R v Turner – as the garage held proprietary interest due to the repair taking the car was
theft even though it belonged to D.
S5(3) – where the V has entrusted the property to another, this must be for the intended
purposes
Davidge v Bunnett – there was a clear obligation to use the money in a certain way, any
other use would be theft
S5(4) where D gains the property by mistake, then they are under legal obligation to return
to its owner
AG Ref No 1 of 1983 – where D receives property by mistake, they are under an obligation
to return it, refusal to do so will be theft.
S6 – with the intention of permanently depriving the other of it (mens rea)
No statutory definition – the court have given a wide definition
There is intention to permanently deprive if you treat the property as your own to dispose
of, regardless of the others rights (Lavender v DPP)
Under s6(2) there is intention to permanently deprive even if the property is returned but
some of its value had been diminished (R v Lloyd)
