ABSTRACT
Auld LJ: ... In our view, s 6(1) of the Theft Act 1968, which is expressed in general terms, is not limited in its application to the illustrations given by Lord Lane CJ in R v Lloyd (1985) 81 Cr App R 182. Nor, in saying that in most cases it would be unnecessary to refer to the provision, did Lord Lane suggest that it should be so limited. The critical notion, stated expressly in the first limb and incorporated by reference in the second, is whether a defendant intended to ‘treat the thing as his own to dispose of regardless of the other’s rights’. The second limb of subsection (1), and also subsection (2), are merely specific illustrations of the application of that notion. We consider that s 6 may apply to a person in possession or control of another’s property who, dishonestly and for his own purpose, deals with that property in such a manner that he knows he is risking its loss.
