How does section 3 of the Theft Act 1968 define appropriation?

Section 3 defines appropriation as any assumption by a person of the rights of an owner. A later assumption of a right by someone who came by the property innocently is included.

Must the defendant assume all the rights of an owner?

R v Morris [1984] held that the assumption of any one of the owner's rights is enough. Switching price labels on supermarket goods was an appropriation.

Can property be appropriated with the owner's consent?

Lawrence v Metropolitan Police Commissioner [1972] held that appropriation can occur even where the owner consents. A taxi driver who took extra money from an Italian student's open wallet was guilty of theft.

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Criminal Law: Property Offences

Theft: appropriation

3 things to know
Components 2 and 3

Overview

Maximum sentence for theft and five elements of theft.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Numbers

Which provision defines theft?

Key term

State the maximum sentence for theft.

Key term

Name the five elements of theft.

Questions from this subtopic

Each one with the model answer underneath.

1
Which provision defines theft?
Model answer
Section 1 of the Theft Act 1968 defines theft. A person steals by dishonestly appropriating property belonging to another with the intention of permanently depriving the other of it.
2
State the maximum sentence for theft.
Model answer
Theft carries a maximum of seven years' imprisonment. The offence is triable either way.
3
Name the five elements of theft.
Model answer
The three elements of the actus reus are appropriation, property and belonging to another. The two elements of the mens rea are dishonesty and an intention permanently to deprive.
4
How does section 3 of the Theft Act 1968 define appropriation?
Model answer
Section 3 defines appropriation as any assumption by a person of the rights of an owner. A later assumption of a right by someone who came by the property innocently is included.
5
Must the defendant assume all the rights of an owner?
Model answer
R v Morris [1984] held that the assumption of any one of the owner's rights is enough. Switching price labels on supermarket goods was an appropriation.
6
Can property be appropriated with the owner's consent?
Model answer
Lawrence v Metropolitan Police Commissioner [1972] held that appropriation can occur even where the owner consents. A taxi driver who took extra money from an Italian student's open wallet was guilty of theft.

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