Theft Act 1968 (TA)
- S1(1) TA:
.. dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it ...
- Ghosh test part 1: objective / would reasonable & honest person regard D's conduct as dishonest?
- Ghosh test part 2: subjective / D aware that his conduct would be regarded dishonest by a reasonable & honest person?
- S2(1) TA: subjective belief exceptions / (a) legal right / (b) owners consent / (c) owner cannot reasonably be found
- took car / thought abandoned / found genuinely held belief / not guilty (Small)
- S2(2) TA: pay money / can still be dishonest
Intention to permanently deprive:
- borrowing not sufficient / theft begins when the intention is formed / intent can be inferred
- specific item even if replace not acceptable (Velumyl)
- utility of item (Marshall)
- swapping council house doors / D treated doors as his own to dispose of regardless of owner's rights / sufficient for conviction (Lavender)
bits of law