Understanding Theft: The Legal Definition
Theft happens when someone dishonestly takes property belonging to another person with the intention to keep it permanently. The Theft Act 1968 makes this crystal clear, but there's more to it than just grabbing something and running off.
The law splits theft into two main parts. The actus reus (the guilty act) includes appropriation, property, and something belonging to another person. The mens rea (the guilty mind) covers dishonesty and the intention to permanently deprive someone of their property.
Appropriation is basically assuming you have the rights of an owner when you don't. In R v Pitham and Hehl, defendants sold someone else's furniture - even just offering it for sale counted as theft, regardless of whether they actually moved it or not.
Quick Tip: Remember that theft carries a maximum penalty of 7 years in prison and can be tried in either magistrates' or crown court.
Even when someone consents, it can still be theft. R v Lawrence showed this when a taxi driver took extra money from a confused Italian student's wallet - consent doesn't automatically prevent appropriation from occurring.
