Oxford v Moss [1979]

Oxford v Moss [1979]

1. Facts:

• Scenario: The defendant (D) found a way into an examination room and took a copy of an examination paper to use for cheating.

• Issue: Whether the information contained in the examination paper could be considered property under the Theft Act 1968.

2. Outcome:

• Decision: The appeal was allowed, and D's conviction for theft was overturned. The court held that information, in this context, is not considered property.

3. Impact and Analysis:

• Definition of Property: The case established that information itself does not constitute property under the Theft Act 1968, thereby clarifying the scope of what can be considered property in theft cases.

• Legal Precedent: This decision set a precedent that purely intangible information, such as the contents of an exam paper, cannot be the subject of a theft charge.

• Limitations of Theft Act 1968: The ruling highlights the limitations of the Theft Act in addressing crimes involving intangible assets, potentially necessitating legislative updates to address modern forms of property and information theft.