Borrowing that is equivalent to an outright taking (Theft Act 1968, s.6(1))
Rhys Morgan's housemate in Cambridge has an annual rail season ticket that expires on 30 June. On 1 June, without permission, Rhys takes the ticket from the housemate's desk. He uses it every day to commute, and on 1 July puts it back on the desk. He intended throughout to return it only once it had expired. He is charged with theft of the ticket and says he always meant to give it back.
Which of the following best describes whether Rhys intended permanently to deprive his housemate of the ticket?
Choose one answer to see the reasoning.
Worked answer
Correct answer D: He did, because borrowing for a period and in circumstances making it equivalent to an outright taking is treated as an intention permanently to deprive.
THE RULE TO REMEMBER
A borrowing amounts to intention permanently to deprive under s.6(1) only if it is for a period and in circumstances making it equivalent to an outright taking or disposal.
Borrowing that is equivalent to an outright taking (Theft Act 1968, s.6(1))
Section 6(1) of the Theft Act 1968 provides that a person who appropriates property without meaning the owner permanently to lose the thing itself is nevertheless to be regarded as intending to permanently deprive if his intention is to treat it as his own to dispose of regardless of the owner's rights. A borrowing may amount to this if, but only if, it is for a period and in circumstances making it equivalent to an outright taking or disposal. Rhys intended to keep the ticket until it expired and so to return it with all its value and usefulness exhausted. The housemate would get back only a worthless piece of card. That is equivalent to an outright taking, so the jury may find the intention permanently to deprive. The remaining elements of theft, including dishonesty, are for the jury.
Why A is wrong: Returning the item does not prevent s.6(1) applying where the borrowing exhausts its value.
Why B is wrong: Section 6(1) expressly extends intention permanently to deprive to cases where D does not mean the owner to lose the thing itself.
Why C is wrong: What matters is that the borrowing was equivalent to an outright taking, not the number of uses.
Why E is wrong: The ticket had value when taken; the point is that Rhys intended to return it only once that value was exhausted.
A little more practice done.
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