ABSTRACT
Actus reus Property belonging to another Section 34(1) provides that s 4(1) and s 5(1) relating to property belonging to another should apply generally for the purposes of the Act. The concepts of ‘property’ and ‘belonging to another’, therefore, have a similar meaning to that already noted in relation to s 1 theft. Obtaining Section 15(2) provides:
Clearly, the actus reus of the offence will be committed where the defendant induces the victim to sell, give or loan property. However, it seems that the offence would not be committed where the defendant by deception is allowed to retain property of which he already had possession or control. The appropriate charge in these circumstances would be one of theft, by virtue of s 3(1).
