Theft act 1968 the theft act 1968 contains a single definition for dishonesty which is intended to apply to all the substantive offences yet, rather than defining what dishonesty is, s2 describes what it is not, allowing a jury to take a flexible approach, thus: s2(1. Theft is defined under section 1(1) of the theft act 1968 which provides that a person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of dishonestly depriving the other if it.
The theft act 1968 does not define dishonesty but s1(2) states that it is immaterial whether the appropriation is made with a view to gain ie if all the elements of theft are present then the motive is not relevant. Dishonesty is already partially explained in section 2(1) of the theft act 1968 however, there are issues which arise when the defendant’s actions does not come under the guidelines contained within this section.
The ghosh test for dishonesty has attracted many critics one example is professor griew, author of “the theft acts 1968 and 1978 (7th edn, 1995) some commentators argue that it creates a “robin hood defence, others that the issue of dishonesty should be a question of law rather than of fact. The theft act 1968 and cases relating to theft the actus reus and mens rea of theft the elements of appropriation, property, belonging to another, dishonesty, and intention to permanently deprive. It is a test that the jury have to apply in criminal trials where dishonesty is an element of the offence, that the prosecution have to prove the theft act (1968) doesn't set out a definition of dishonesty it only sets out some specific situations where a person is considered not dishonest.
The theft act 1968 provides a partial, negative definition of dishonesty section 2(1) sets out three situations in which a defendant will not be dishonest a person’s appropriation of property belonging to another is not to be regarded as dishonest.
Theft is defined in section 1 of the theft act 1968 and states that “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 has a maximum sentence of seven years imprisonment.
An act to revise the law of england and wales as to theft and similar or associated offences, and in connection therewith to make provision as to criminal proceedings by one party to a marriage against the other, and to make certain amendments extending beyond england and wales in the post office act 1953 and other enactments and for other purposes connected therewith.