s1 Theft Act 1968

1. Appropriation

Assuming the ____ of the property’s owner. This include actions like:

D only needs to assume one property right, not all.

Appropriation requires no physical contact

Appropriation can be momentary

Appropriation is a ____ act. This means innocent appropriation can become theft if the MR is formed later.

Consent is immaterial to whether appropriation occurred.

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2. Property

1. Coins and banknotes

2. Touchable, moveable items

3. Severing a part of the land can be theft

4. Intangible things which represent a realisable value

5.

Pure information is not property

Body parts that have been preserved or treated for educational or scientific purposes can be considered property.

Wild plants are not property unless they are picked for ______ purposes

Truly wild animals are not ____

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3. Belonging to Another

1. Physically having the property

2. Having authority over the property

3. Having a legal right to the property

D can be guilty of theft of property they legally own

A co-owner can be found guilty of theft if they dishonestly appropriate joint property in a way that infringes upon the rights or interests of the other co-owner(s).

Property can be considered belonging to another even if the person is unaware they own it

Courts are reluctant to find property has been abandoned

Property is not abandoned simply because it is left in a public space if it is left with the intention that a specific person or entity will take possession of it.

Where D receives property, and is provided with specific instructions regarding what to do with said property, the property is to be said to belong to the giver, not D.

When D receives property by mistake, it will still belong to the person who made the mistake, not D, IF there is an obligation to restore it.

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4. Dishonesty

1) What did D know about the facts?

The question of whether D was dishonest is objective and assessed against the standard of an ordinary, decent person

D's belief about the situation needn't be reasonable, just genuine

An intent to reimburse or return property is ______ as to whether D acted dishonestly

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5. Intent to Permanently Deprive

D intends to permanently deprive where:

D is regarded to having IPD if there is a borrowing by D which, given the period and circumstances, amounts to outright ______ or disposal

Simply taking something temporarily with the intention of returning it in an unchanged state is not enough to prove theft under the Theft Act. There must be evidence that the item was taken in a way that either disposes of it or deprives the owner of its essential value.

Conditional intent (intent to permanently deprive IF possible to do so) is insufficient to constitute intent to permanently deprive.

Taking money with the intention of returning only an equivalent amount, rather than the exact same notes or coins, amounts to an intention to permanently deprive.