14 total
By the end of these notes, you should be able to:
Theft is defined in Section 1 of the Theft Act 1968. The definition states:
A person is guilty of theft if they dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.
Every single word in this definition matters. Sections 2–6 of the Act explain each word or phrase in detail. Here is how they map out:
| Section | Word/Phrase Explained | Part of the Offence |
|---|---|---|
| s 3 | Appropriates | Actus reus |
| s 4 | Property | Actus reus |
| s 5 | Belonging to another | Actus reus |
| s 2 | Dishonestly | Mens rea |
| s 6 | Intention of permanently depriving | Mens rea |
Important: Sections 2–6 are just definition sections — they explain the words in Section 1. The actual crime is always charged under Section 1.
The actus reus (Latin for "guilty act") is the physical part of the crime — what the defendant actually did. For theft, there are three elements that must all be proved:
Appropriation means any assumption by a person of the rights of an owner. In plain English, this means acting as if you are the owner of something that does not belong to you.
The most obvious example is physically picking something up and taking it. But appropriation is much wider than just "taking." It includes:
Key point: You only need to assume one of the owner's rights — not all of them — for it to count as appropriation.
Yes. The courts have decided that appropriation can still occur even if the owner agreed to give the property to the defendant. This seems surprising, but it means the focus shifts to whether the defendant was dishonest, not whether the owner agreed.
Sign in to view full notes