Theft & related offences

CRL.05 — Theft & Related Offences

Theft (Theft Act 1968 s.1)

Dishonestly appropriating property belonging to another with intention to permanently deprive. Three actus reus elements + two mens rea elements; all five required.

• Appropriation (s.3): assuming any right of an owner. Can occur with consent (Lawrence; Gomez) and even where title passes by gift (Hinks). A single instant suffices.
• Property (s.4): money, real and personal property, things in action. Land generally cannot be stolen (limited exceptions). Wild plants/animals only in narrow circumstances. Confidential information is NOT property (Oxford v Moss).
• Belonging to another (s.5): possession or control, or any proprietary right. You can steal your own property (Turner (No.2)). s.5(3): property received under obligation to deal with it in a particular way. s.5(4): property got by another's mistake with a legal obligation to restore (A-G's Ref (No.1 of 1983)).
• Dishonesty: s.2 lists three things that are NOT dishonest (genuine belief in legal right; belief owner would consent; belief owner cannot be found by reasonable steps). Willingness to pay is not a defence. Otherwise apply Ivey v Genting (objective standard; Ghosh's second limb abolished — Barton & Booth confirms).
• Intention to permanently deprive (s.6): includes treating the thing as one's own to dispose of regardless of the owner's rights; borrowing only if equivalent to outright taking (e.g. returning an item drained of value).

Robbery (s.8)

Theft + force (or putting/seeking to put a person in fear of force) immediately before or at the time of stealing, in order to steal. No completed theft = no robbery. Force can be minimal (R v Dawson and James); even a nudge counts. Force on property transmitted to a person can suffice (Clouden). Maximum: life.

Burglary (s.9)

• s.9(1)(a): entry as a trespasser with intent to steal, inflict GBH, or cause criminal damage (ulterior intent at entry).
• s.9(1)(b): having entered as a trespasser, steals/attempts to steal or inflicts/attempts GBH (intent formed after entry). Entry must be effective (Brown; Ryan). Exceeding permission makes one a trespasser (Jones & Smith). Aggravated burglary (s.10): carrying firearm, weapon of offence, or explosive at the time.

Common traps

• Theft is a conduct crime — no need to gain or deprive in fact.
• Conditional intent still supports attempted theft/burglary.
• Don't confuse fraud (false representation, FA 2006) with theft.
• Robbery requires force to steal; force after the theft is complete is not robbery.