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This section creates the offence of theft.This definition is supplemented by sections 2 to 6. The definition of theft under the Theft Act 1968 is: 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.
In England and Wales, theft is a statutory offence, created by section 1(1) of the Theft Act 1968. This offence replaces the former offences of larceny, embezzlement and fraudulent conversion. [48] The marginal note to section 1 of the Theft Act 1968 describes it as a "basic definition" of theft. Sections 1(1) and (2) provide:
Theft Act 1968: Case history; Prior actions: Conviction by courts of first instance, then ... Moreover the provisions of section 2(1)(a) also seem to point in the ...
Lord Steyn noted that the case law interprets section 3(1) of the Theft Act 1968 by treating "appropriation" as a neutral word comprehending "any assumption by a person of the rights of an owner". In other words, it is immaterial whether the act was done with the owner's consent or authority. Lord Steyn then turned to the appellant's arguments.
Section 34(1) of the Theft Act 1968 confirms that the definition given in section 4(1) applies, so property is: money and all property, real or personal, including things in action and other intangible property. But the limitations on what can be stolen in sections 4(2) to 4(4) do not apply to section 15.
obtaining services by deception, contrary to section 1 of the Theft Act 1978 [5] evasion of liability by deception, contrary to section 2 of the Theft Act 1978 [6] Sections 15, 15A, 16 and 20(2) of the Theft Act 1968, and sections 1 and 2 of the Theft Act 1978, were repealed on 15 January 2007 by the Fraud Act 2006.
This offence replaced the offence of obtaining credit by fraud, contrary to section 13(1) of the Debtors Act 1869. [4] The elements of the actus reus are similar to the offence of obtaining property by deception: There must be a deception. This has the same meaning as for section 15 (according to section 16(3) of the Theft Act 1968).
The House of Lords upheld the earlier judgment of the Court of Appeal, holding that a conviction under section 1 of the Theft Act 1968 was correct. Four elements are required for an offence to fall under section 1: