Theft

I. History

1. Old law: simple larceny = the taking or carring away of the stolen goods.

2. Theft Act 1968: A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.


II. Elements in particular

1. Property
a) Money
b) All other property:
aa) real (fixtures, soil, wild fruit and foliage unless for commercial purposes) or personal property
bb) things in action and other intangible property.

2. Belonging to another
a) Proprietary interest, also as co-owner or partner.
b) Property entrusted to someone to deal with it in a particular way.
c) Possession or control of the property on behalf of another.

3. Appropriation
a) Any assumption by a person of the rights of an owner amounts to an appropriation ('se ut dominum gerere'). This includes, where one has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner (exception: bona fide purchasers for value [though they are open to a suit in conversion] are not guilty if they merely 'keep' the stuff [passive]).
b) Also: a person switching price labels in a supermarket.

4. Dishonesty
a) Layman's view: overdrawing an account knowing that there are no funds to meet the cheque etc. Also, where the owner's consent is only apparent:
LAWRENCE v. METROPOLITAN POLICE COMR. (1972)
b) Statutory exceptions:
aa) Appropriation in the belief that one has in law the right to deprive the other of it.
bb) Appropriation in the belief that one would have the owner's consent if the owner knew of the appropriation.
cc) Appropriation in the belief that the owner cannot be discovered by taking reasonable steps.

5. Intention to permanently deprive the other of it
Intent must be unconditional: grab & examine what it's worth is not enough. (Strange)


III. Furtum usus

= Arrestable Offence: to take without consent anyone else's conveyance, or drive it or drive in it knowing that it has been
taken without authority.