Theft
Theft is defined by s 1 of the Theft Act 1968 as dishonestly appropriating property belonging to another with the intention of permanently depriving the other of it. All five elements must be proved.
Last reviewed 14 June 2026
The actus reus is the appropriation (assuming any of the rights of an owner — R v Gomez, even where there is a valid gift, R v Hinks) of property belonging to another. The mens rea is dishonesty together with an intention to permanently deprive.
Dishonesty is judged by the test in Ivey v Genting Casinos [2017] UKSC 67 (now applied in criminal law): what was the defendant's actual knowledge or belief, and was their conduct dishonest by the standards of ordinary decent people — replacing the older two-stage Ghosh test.
Key cases
- R v Gomez [1993] AC 442
- R v Hinks [2001] 2 AC 241
- Ivey v Genting Casinos (UK) Ltd [2017] UKSC 67
Frequently asked questions
What are the elements of theft?
Dishonest (1) appropriation (2) of property (3) belonging to another (4) with the intention of permanently depriving the other of it (5) — s 1 Theft Act 1968.
What is the test for dishonesty in theft?
The Ivey test: what the defendant actually knew or believed, then whether their conduct was dishonest by the standards of ordinary decent people (replacing the Ghosh test).