ABSTRACT
The Theft Act 1968 states a person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving that other of it. For the actus reus of theft, it has to be proved that there was an appropriation of property, which belonged to another. For the mens rea of theft, two points must be proved: dishonesty, and the intention to permanently deprive. The main problem has been whether there can be theft when the owner of the property has consented to the appropriation. Property is defined as including money and all other property, real and personal, including things in action and other intangible property. Real property is land, but there are limitations as to when land can be stolen under section 4(2) Theft Act 1968. Land can only be stolen where a trustee or personal representative or other authorised person disposes of it in breach of the confidence reposed in him.
