9. Theft
Theft Act 1968
An Act to revise the law of England and Wales as to theft and similar or associated offences, and in
connection therewith to make provision as to criminal proceedings by one party to a marriage
against the other, and to make certain amendments extending beyond England and Wales in the Post
https://www.legislation.gov.uk/ukpga/1968/60/contents
Theft Act 1968, Section 1(1)
a person is guilty of theft if he dishonestly appropriated property belonging
to another with the intention of permanently depriving the other of it
elements of the offence
actus reus
appropriation
of property
belonging to another
mens rea
dishonesty
intention to permanently deprive
9.1 Actus reus
three elements
Appropriation
Section 3(1)
Any assumption by a person of the rights of an owner amounts to an
appropriation, and this includes, where he has come by the property
(innocently or not) without stealing it, any later assumption of a right to it
by keeping or dealing with it as owner
9. Theft 1
, assuming the rights of the owner of the property
‘a later appropriation’
doesn't have the mens rea at the time but forms it later on
any single right
does not need to assume all of the rights of the owner
R v Morris [1984] AC 320
appropriation and consent
Lawrence v Metropolitan Police Commissioner [1972] AC 626
DPP v Gomez [1993] AC 442
must be examined independently from mens rea
inter vivos gifts
Hinks [2000] 4 All ER 833
Mazo [1997] Cr App R 518
a physical act
Briggs [2003] EWCA Crim 3662
appropriation rewires a physical act
if you do anything an owner can do with property, it is appropriation
bona fide purchasers
Section 3(2), Theft Act 1968
Where property or a right or interest in property is or purports to be
transferred for value to a person acting in good faith, no later
assumption by him of rights which he believed himself to be acquiring
shall, by reason of any defect in the transferor’s title, amount to theft
of the property
where a person purchases property in good faith and it later
transpires ownership of product did not pass to purchaser
not guilty of theft
appropriation as a continuing act
Atakpu [1994] QB 69
9. Theft 2
Theft Act 1968
An Act to revise the law of England and Wales as to theft and similar or associated offences, and in
connection therewith to make provision as to criminal proceedings by one party to a marriage
against the other, and to make certain amendments extending beyond England and Wales in the Post
https://www.legislation.gov.uk/ukpga/1968/60/contents
Theft Act 1968, Section 1(1)
a person is guilty of theft if he dishonestly appropriated property belonging
to another with the intention of permanently depriving the other of it
elements of the offence
actus reus
appropriation
of property
belonging to another
mens rea
dishonesty
intention to permanently deprive
9.1 Actus reus
three elements
Appropriation
Section 3(1)
Any assumption by a person of the rights of an owner amounts to an
appropriation, and this includes, where he has come by the property
(innocently or not) without stealing it, any later assumption of a right to it
by keeping or dealing with it as owner
9. Theft 1
, assuming the rights of the owner of the property
‘a later appropriation’
doesn't have the mens rea at the time but forms it later on
any single right
does not need to assume all of the rights of the owner
R v Morris [1984] AC 320
appropriation and consent
Lawrence v Metropolitan Police Commissioner [1972] AC 626
DPP v Gomez [1993] AC 442
must be examined independently from mens rea
inter vivos gifts
Hinks [2000] 4 All ER 833
Mazo [1997] Cr App R 518
a physical act
Briggs [2003] EWCA Crim 3662
appropriation rewires a physical act
if you do anything an owner can do with property, it is appropriation
bona fide purchasers
Section 3(2), Theft Act 1968
Where property or a right or interest in property is or purports to be
transferred for value to a person acting in good faith, no later
assumption by him of rights which he believed himself to be acquiring
shall, by reason of any defect in the transferor’s title, amount to theft
of the property
where a person purchases property in good faith and it later
transpires ownership of product did not pass to purchaser
not guilty of theft
appropriation as a continuing act
Atakpu [1994] QB 69
9. Theft 2
