9084 · 2.2.1
Theft as defined in s1 Theft Act 1968 — FAQ
Frequently asked questions for 9084 Theft as defined in s1 Theft Act 1968. Direct answers first, then deeper explanation — then practise with marking.
If a shopper switches price labels on an item, when does the appropriation occur?
The appropriation occurs at the moment the shopper switches the labels. According to R v Morris, appropriation is 'assuming the rights of an owner', and interfering with the price is one such right. It does not have to be the final act of taking the item from the shop. The theft is complete at that point, provided the mens rea (dishonesty and intention to permanently deprive) is also present.
I thought a gift couldn't be stolen. How can a valid gift lead to a theft conviction as in R v Hinks?
This is a complex area. The House of Lords in R v Hinks decided that an appropriation can occur even when the property is transferred with the full consent of the owner, amounting to a valid civil law gift. The key is the presence of dishonesty. If the defendant dishonestly acquired the property (e.g., by taking advantage of a vulnerable person), the acceptance of the 'gift' is the appropriation. The criminal law of theft can therefore operate even where civil law would see a valid transfer of ownership.
Is 'borrowing' ever theft? The definition says 'permanently deprive'.
Usually, borrowing is not theft. However, s6(1) of the Theft Act 1968 extends the meaning. If you borrow something 'for a period and in circumstances making it equivalent to an outright taking or disposal', it can be theft. The key case is R v Lloyd, which stated this applies if the 'goodness, the virtue, the practical value' has gone from the property upon its return. For example, borrowing a season ticket until the last match is played would be theft, as its value is exhausted.