The Elements of Offences Under the Theft Act

The Elements of Offences Under the Theft Act

Elements of Offences Under the Theft Act

Definition of Theft

  • Theft is defined under the Theft Act 1968 as the dishonest appropriation of property belonging to another, with the intention to permanently deprive the other of it.

Key Elements of Theft

Dishonesty

  • Dishonesty is a key element of theft and is assessed based on the standards of a reasonable person.
  • Business practice that is in sharp contrast with accepted standards, such as fraudulent activities, would be considered dishonest.

Appropriation

  • Appropriation refers to any assumption by a person of the rights of an owner. This encompasses acts which include, but are not restricted to, taking, using, or destroying the property.
  • In a business context, appropriation can occur if a person takes or uses company resources or funds without authorisation.

Property

  • Property involves anything that is regarded as an object of value or legal rights that hold value. It includes money, real and personal property, things in action and other intangible property.
  • Businesses have various forms of property that may be subject to theft, such as cash, goods in stock, and intellectual property.

Belonging to Another

  • ‘Belonging to another’ denotes anyone who possesses or has a proprietary right or interest in the property.
  • This means businesses can be victims of theft if they have ownership rights over the property that has been stolen.

Intention to Permanently Deprive

  • ‘Intention to permanently deprive’ is present if the defendant intends to treat the thing as his own to dispose of, regardless of the other’s rights.
  • This may occur when employees embezzle funds from the company, intending to keep the money for themselves.

Common Offences Under the Theft

Robbery

  • Robbery is a theft offence that involves the use of force or threat of force. It constitutes not only ‘taking’ but also an attempt to take anything of value from the person of another.

Burglary

  • Burglary involves entering a building or part of a building as a trespasser with the intention to commit theft, grievous bodily harm, or criminal damage.

Fraud

  • Fraud is a form of theft that involves the use of deception or false representation to acquire, deny, or destroy property, or to alter its value.

Handling Stolen Goods

  • Handling stolen goods is a form of theft that involves receiving goods with the knowledge that they were stolen, or with reason to believe that they were.