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Mohammad Ismaeel NagraAR and MR of Fraud and Theft
Theft Act 1968 Sections 1 to 6
1. Definition-
“A person is guilty of theft if he dishonestly appropriates property belonging to another with
the intention of permanently depriving the other of it”
2. Dishonesty (MR)
Unfortunately, there is no definition for this section as everybody will have different views, but
the court tried to fix this through a case. The case used was Ghosh (1982), however since
they are using this to prove dishonesty it is known as The Ghosh Test. As you can see there
can be no other case that can be used to define this case other than Ghosh (1982).
3. Appropriation (AR)
“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”
In simpler terms, the thief must do something which assumes (take over) one of the owner’s
right. For example, cases that can portray this section are Pitham and Hehl (1977), R v Morris
(1983) and Lawrence (1971).
4. Property (AR)
“Property” includes money and all other property, real or personal, including things in action
and other intangible property. For example, cases that can relate to this section are: Kelly and
Lindsay (1998), and Oxford v Moss (1979)
5. Belonging to other (AR)
Property shall be regarded as belonging to any person having possession or control of it, or
having in it any proprietary right or interest (not being an equitable interest arising only from
an agreement to transfer or grant an interest).Examples that can define this section are,
Turner (no 2) (1971), Davidge v Burnett (1984), and AG’s Ref (NO 1 of 1983) (1985).
6. Intention of permanently depriving (MR)
This occurs when a person has the intention to take something from another person or a
company so that they lose value or worth. Examples this in cases are: Velumyl (1989) and
Lloyd (1985)
http://www.legislation.gov.uk/ukpga/1968/60
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