Theft As Defined In s1 Theft Act 1968 (Copy)

1. Introduction to Theft

• Theft is a common property offense defined under Section 1 of the Theft Act 1968.
• The law aims to distinguish between criminal appropriation and legitimate use of property.
• Courts interpret theft strictly, but some case law has led to controversial or unclear rulings.
• To convict someone of theft, both actus reus (guilty act) and mens rea (guilty mind) must be proven.

2. Definition of Theft (Section 1 of the Theft Act 1968)

• Theft is defined 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.”

• The five elements of theft (each explained in Sections 2-6 of the Act) are:
  1. Appropriation (s3)
  2. Property (s4)
  3. Belonging to Another (s5)
  4. Dishonestly (s2)
  5. Intention to Permanently Deprive (s6)

3. Actus Reus of Theft

The actus reus consists of three elements:

• Appropriation
• Property
• Belonging to Another

Each must be proven for theft to have occurred.

3.1 Appropriation (Section 3)

• Definition: Any assumption of the rights of an owner amounts to appropriation.
• Can occur with or without the consent of the owner.
• Case Example: R v Morris (1983)
  • The defendant switched price labels in a supermarket.
  • The court ruled that assuming any right of the owner (such as setting a price) amounts to appropriation.
• Case Example: Lawrence v Commissioner for Metropolitan Police (1972)
  • A taxi driver took extra money from a foreign student who did not understand English well.
  • Consent was not a defense because the driver acted dishonestly.
• Case Example: R v Hinks (2000)
  • A mentally vulnerable man gifted £60,000 to the defendant.
  • The House of Lords ruled that even voluntary gifts can be appropriated if dishonesty is proven.

3.2 Property (Section 4)

• Definition: Property includes:
  1. Money – Coins and banknotes.
  2. Real Property – Land and buildings (with exceptions).
  3. Personal Property – Moveable objects (cars, jewellery, books).
  4. Things in Action – Rights that can be enforced (e.g., bank accounts).
  5. Intangible Property – Non-physical assets (e.g., patents).
• Things that CANNOT be stolen:
  • Wild plants and mushrooms (unless taken for sale or profit).
  • Wild animals (unless already owned or captured).
• Case Example: R v Kelly and Lindsay (1998)
  • The defendants stole body parts from a medical school.
  • Normally, a dead body is not property, but the court ruled that if the body is preserved for scientific purposes, it can be stolen.

3.3 Belonging to Another (Section 5)

• Definition: Property belongs to anyone having possession or control over it, even if they are not the owner.
• Case Example: R v Turner (No. 2) (1971)
  • The defendant took his own car from a repair shop without paying.
  • The garage had possession and control, making it theft.
• Situations Where Theft Can Occur:
  • Stealing from a trust or business (R v Hall (1972) – A travel agent kept customers’ money instead of booking flights).
  • Overpayments & Mistaken Transactions (Attorney-General’s Reference (No. 1 of 1983) (1985) – A policewoman did not return an overpaid salary).
  • Holding property on behalf of someone else (R v Klineberg and Marsden (1999) – Money meant for a timeshare was misused).

4. Mens Rea of Theft

Two key mental elements must be proven:

1. Dishonesty (s2)
2. Intention to Permanently Deprive (s6)

4.1 Dishonesty (Section 2)

• Dishonesty is NOT defined in the Theft Act.
• However, certain situations are automatically not dishonest:
  1. The defendant believes they have a legal right to the property.
  2. The defendant believes the owner would consent.
  3. The defendant believes the owner cannot be found.
• Legal Test for Dishonesty (R v Barton and Booth 2020)
  • Based on the Ivey v Genting Casinos (2017) ruling:
    1. Determine the defendant’s actual beliefs about what they did.
    2. Would an ordinary person find this dishonest?
• Case Example: R v Small (1987)
  • The defendant took an abandoned car, believing it had been left permanently.
  • If he genuinely believed the owner could not be found, he was not dishonest.

4.2 Intention to Permanently Deprive (Section 6)

• Even temporary deprivation can be enough for theft if the defendant treats the item as their own.
• Case Example: R v Velumyl (1989)
  • The defendant took money from his employer, intending to pay it back later.
  • Replacing it with different banknotes did not prevent theft.
• Case Example: R v Lloyd (1985)
  • A cinema worker borrowed a film reel, copied it, and returned it.
  • He was not guilty of theft because the film had not lost its value.

5. Sentencing for Theft

• Theft is a triable either way offense, meaning it can be tried in either the Magistrates’ Court or Crown Court.
• Maximum Penalty: 7 years’ imprisonment (if tried in the Crown Court).
• Aggravating Factors:
  • High-value theft (over £1,000).
  • Targeting vulnerable victims.
  • Breach of trust (e.g., employer stealing from business).
• Mitigating Factors:
  • First-time offense.
  • Low-value theft (below £200).
  • Returning the stolen goods.

6. Evaluation of Theft Law

• Strengths:
  • The definition covers a wide range of dishonest behavior.
  • Courts have flexibility in assessing dishonesty.
• Weaknesses:
  • Appropriation issues – Theft can occur even with the owner’s consent (R v Hinks).
  • Intention to permanently deprive is unclear – Borrowing an item can still be theft.
  • Dishonesty test is subjective, leading to inconsistent rulings.