ABSTRACT

This chapter explains the basic origins and character of theft and the actus reus and mens rea of theft. It analyses critically the concept of appropriation in the definition of theft. The chapter provides the meaning of 'property' in the definition of theft and when that property is regarded as belonging to another. It describes the concept of dishonesty in the law of theft and the importance of an intention to permanently deprive in the offence of theft. The chapter analyses critically all the elements of the theft and applies the law to factual situations to determine whether an offence of theft has been committed. The law relating to theft, robbery, burglary and other connected offences against property is contained in three Acts: Theft Act 1968, Theft Act 1978 (s3 only) and Fraud Act 2006. The Theft Act 1968 was an attempt to write a new and simple code for the law of theft and related offences.