Online Law Tutors in London - Under the Theft Act 1968, the law of theft in England and Wales defines key elements such as property and dishonesty:
Property (Section 4):
“Property” includes money, real and personal property, things in action (like bank accounts), and other intangible property. This broad definition ensures various forms of property are protected under theft law. However, certain things like wild animals or land (in some cases) may not count as “property” unless specific conditions apply.
Dishonesty (Section 2):
Dishonesty is a key mental element. The Act doesn’t fully define it but outlines situations that are not dishonest (e.g., believing you have a legal right to the property). Courts now apply the Ivey v Genting Casinos (2017) test:
Determine the defendant’s actual knowledge or belief of the facts.
Decide whether their conduct was dishonest by the standards of ordinary, reasonable people.
This objective test replaced the older Ghosh test and reflects modern judicial thinking on dishonesty.