Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. However, under section 4(2) of the Theft Act, land cannot be stolen unless one of the following elements occurs: Personal property includes property other than land, such as vehicles, antiques and all other tangible objects. One to one online tution can be a great way to brush up on your Law knowledge. Property of a corporation sole shall be regarded as belonging to the corporation notwithstanding a vacancy in the corporation. Note that the thief does not have to actually break into the property for it to be burglary. E+W (1) 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 content is no longer in use on Lexis, Advising individuals on serious criminal offences, Bribery, corruption, sanctions and export controls, Confiscation, civil recovery and asset forfeiture, Health and safety and corporate manslaughter offences, Insolvency offences and Companies Act offences, Assault on a police constable (assault PC), Assault with intent to resist or prevent arrest. A former solicitor, Nicola is also a fully qualified journalist. Wrongful Taking – The property was taken without consent and was unlawful, Carrying Away – The property need was moved from where the owner had placed it or intended it to be placed, Property of Another – The property must belong to someone other than the thief. As discussed in the above section, the definition of theft may vary according to state laws. Why is this important to learning providers? Geographical Extent: Ostensibly then, the use of force to escape with stolen property would fall outside the scope of the offence. Therefore, the elements of theft generally include some form of the following: 1. The Actus Reus of Theft is 1) appropriation 2) of property 3) belonging to another. It covers the elements of the theft offence including the meaning of dishonesty, appropriation and appropriation as a continuing act, the meaning of property and the intention to permanently deprive. If another individual takes the car and drives it without permission, this is appropriation. Each of the following elements must be established for a defendant to be found guilty of theft: Appropriation is defined by section 3 of the Theft Act 1968 as assuming the rights of a legal owner of the property without consent. So please don't treat it as legal advice or rely on the information. Petty Theft: The theft of anything with a value less than a specified money amount. 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 “. For purposes of this subsection “mushroom” includes any fungus, and “plant” includes any shrub or tree. Under TA 1968, for the offence of robbery to be proven, the force the individual uses to steal the property is required to happen immediately before or at the time of stealing. This effectively means that if an individual uses a violence at the time of stealing an article, but this violence is not used in order to steal the article, then taking a strict view of the offence this would not be a criminal act of robbery (although it would be theft).