Theft

Larceny Act 1916

• Definition:

◦ Steals without consent

◦ Fraudulently

◦ Without a claim of right made in good faith

◦ Takes or carries away anything capable of being stolen

◦ With the intention of permanent deprivation

Theft Act 1968

• Purpose:

◦ Simplify the law on theft

◦ Create more general offences

◦ Keep the concept of permanent deprivation

◦ Considered using "conversion" instead of “appropriation"

Section 1 - Offence of Theft

• Elements:

◦ Dishonestly

◦ Appropriates

◦ Property

◦ Belonging to another

◦ With the intention of permanent deprivation

Changes from Larceny Act to Theft Act:

• Theft: Replaced larceny in dwelling houses

• Burglary: Replaced embezzlement by post

• Appropriation: Replaced "taking and carrying"; also covers electricity

• Dishonesty: Replaced "fraudulently"; designed to be easier for the jury to understand

Section 7 - Maximum Penalty:

• Maximum penalty for theft is 7 years imprisonment

Actus Reus (AR):

• Conduct Element: Appropriation of property belonging to another

Mens Rea (MR):

• Circumstance Element: Dishonesty and intention to permanently deprive

Detailed Analysis

Appropriation Appropriation involves assuming the rights of the owner over the property. This could include taking, using, selling, or destroying the property. The act of appropriation covers a wide range of actions, and the moment someone assumes any of the owner's rights, appropriation is considered to have occurred. This simplification allows for a more flexible application of the law, addressing various ways in which property might be misused or taken.

Property Under the Theft Act 1968, property is broadly defined to include money, all personal property, land, and things in action (such as debts). This comprehensive definition ensures that almost any item of value, tangible or intangible, can be subject to theft. The Act also clarifies that property includes anything capable of being stolen, thereby extending protection to a wide array of items.

Belonging to Another For an act to constitute theft, the property must belong to another person. This concept extends beyond ownership to include possession or control, and any proprietary interest. This means that even if the property is owned by the person taking it, it can still be theft if someone else has possession or control over it at the time of the appropriation.

Dishonesty Dishonesty is a key element of theft, and the Theft Act provides guidelines to determine whether a person's actions are dishonest. The Act specifies scenarios where actions are not considered dishonest, such as when the person believes they have a legal right to the property, believes the owner would consent, or cannot locate the owner despite taking reasonable steps. This helps to differentiate between genuinely innocent actions and those intended to deceive or defraud.

Intention to Permanently Deprive The intention to permanently deprive the owner of their property is crucial for an act to be classified as theft. This means that temporary borrowing, without intent to keep or destroy the item, does not constitute theft. However, if someone treats the property as their own, with no intention of returning it in its original form, this requirement is met. The law emphasises the permanent nature of the deprivation, ensuring that only serious breaches of ownership rights are punished as theft.

Conclusion

The Theft Act 1968 modernised the law on theft, providing clearer definitions and broader coverage compared to the Larceny Act 1916. By focusing on concepts like appropriation, property, and dishonesty, the Act makes it easier for courts to apply the law consistently and for juries to understand the elements of the offence. This reform ensures that the law keeps pace with changing social and economic conditions, addressing new forms of property and methods of theft.