→ Property is one of two property offences.
→ There a number of offences closely related to theft (i.e. robbery – theft using force/ threat thereof).
Rationale behind the offence of theft
! There are other closely related offences. This set of notes will focus on the theft of property.
→ Theft is an offence because we want to protect private property.
→ There is an overlap between criminal law and private law of property.
→ However, note that the Theft Acts do not rewrite law of property, but rather assumes it. That does not mean that civil law
and criminal law is always on same page – criminal and private law have different purposes and may not always have same
answers.
Difficulty in determining theft offences
→ Over time, law of theft has become broad, slippery and somewhat counter-intuitive. Certain odd questions may come up,
some of which are seen below:
Can you steal your own property?
Is it stealing if it is a gift?
Can you steal something someone did not even know they possessed?
Can you steal by breaking something?
→ There is a problem regarding morality as well. No all accused are typical criminals, can be people who think that what they
are doing is innocent/ harmless.
! Theft, like sexual offences, is codified, which does not make it easy, but makes it difficult to side track.
s.1(1) 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; and “thief” and “steal” shall be construed accordingly.
! This is very straightforward in the pickpocketing scenarios, but you will come to realise that there are more nuances involved.
→ s.2-6: Further clarification of each of these elements; though they are not thorough and definitive.
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