Theft & Robbery: The Essential Elements
Theft under the Theft Act 1968 happens when someone dishonestly appropriates property belonging to another with intention to permanently deprive them of it. Think of it as five key ingredients that must all be present - miss one and there's no theft.
Appropriation simply means assuming the rights of an owner. This covers obvious acts like taking or selling, but also sneaky behaviour like changing price tags (R v Morris). The landmark case DPP v Gomez established that appropriation can occur even when the victim appears to consent - like accepting worthless cheques.
Property includes money, personal items, and even intangible things, but there are quirky exceptions. You can't steal wild flowers unless it's for commercial gain, and confidential information like exam papers doesn't count as property (Oxford v Morris). Money theft is particularly strict - unless you return the exact same notes and coins, you've permanently deprived the owner.
Quick Tip: Remember the five elements using "ADAPT" - Appropriation, Dishonesty, Another's property, Permanently deprive, Theft complete!
Robbery is simply theft plus force or threat of force. Even a gentle nudge can qualify (Dawson & James), and threatening someone with future violence counts too. The theft element must be complete for robbery to succeed.
