Under the 2026–2028 Cambridge A Level Law 9084 syllabus, Paper 2 (Criminal Law) now focuses on offences against property – and theft is the foundation for all of them. Robbery, burglary and handling stolen goods all build on the definition in section 1 of the Theft Act 1968, so mastering it is essential.
The Definition of Theft (s1)
“A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.” Sections 2–6 then explain each element.
- Actus reus: appropriation (s3), property (s4), belonging to another (s5).
- Mens rea: dishonesty (s2), intention to permanently deprive (s6).
Section 2: Dishonesty
Section 2(1) lists three situations where a person is not dishonest: where they believe they have a legal right to the property, believe the owner would consent, or believe the owner cannot be found by taking reasonable steps. Section 2(2) says a person can still be dishonest even if they are willing to pay.
Where s2 does not apply, the courts use the test from Ivey v Genting Casinos (2017), confirmed for criminal cases in R v Barton and Booth (2020):
- What was the defendant’s actual state of knowledge or belief as to the facts?
- Given that belief, was the conduct dishonest by the standards of ordinary decent people?
This replaced the old two-stage test in R v Ghosh (1982), which also asked whether the defendant realised ordinary people would think it dishonest.
Section 3: Appropriation
“Any assumption by a person of the rights of an owner amounts to an appropriation.” Key cases:
- R v Morris (1983) – swapping price labels was an appropriation; assuming any one right is enough.
- R v Gomez (1993) – appropriation can occur even with the owner’s consent.
- R v Hinks (2000) – accepting a valid gift can be appropriation.
Section 4: Property
Property includes money, real and personal property, things in action and other intangible property. Exceptions include land (in most cases), wild plants and wild creatures. Information is not property – Oxford v Moss (1979), where a student who read an exam paper in advance was not guilty of theft of the information.
Section 5: Belonging to Another
- s5(1) – property belongs to anyone with possession, control or a proprietary interest. A person can even steal their own property (R v Turner (No 2) (1971)).
- s5(3) – property received under an obligation to deal with it in a particular way (Davidge v Bunnett (1984)).
- s5(4) – property received by mistake that there is a legal obligation to return (Attorney-General’s Reference (No 1 of 1983)).
Section 6: Intention to Permanently Deprive
A person intends to permanently deprive if they intend to treat the thing as their own to dispose of regardless of the owner’s rights. Borrowing can count if it is “equivalent to an outright taking” – i.e. the goodness or value has gone (R v Lloyd (1985)). Taking money intending to replace it with different notes is still theft (R v Velumyl (1989)).
Section 7: Sentencing
Theft is triable either way, with a maximum sentence of seven years’ imprisonment on indictment.
Exam Technique for Scenario Questions
Section A of Paper 2 gives you source material and three 10-mark scenarios, and AO2 carries the most weight on this paper. Work through every element in order – appropriation, property, belonging to another, dishonesty, intention – and apply each to the facts using the sources provided. Our criminal law revision guide and guide to answering problem questions show how to structure this.
Free Paper 2 Past Papers – Download Now
The fastest way to lock in this topic is to practise on real Cambridge questions. Our resource hub has AS and A2 Level Law 9084 past papers for Papers 1–4, with mark schemes, free to download:
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Frequently Asked Questions
Is murder still on the A Level Law 9084 Paper 2 syllabus?
Not on the 2026–2028 syllabus. Paper 2 now covers the elements of a crime, offences against property and sentencing. Check the syllabus year for your exam series with your teacher.
What is the test for dishonesty in theft?
First check s2(1) Theft Act 1968; if it does not apply, use the Ivey v Genting test as confirmed in R v Barton and Booth (2020).
Can you steal your own property?
Yes. Under s5(1), property belongs to anyone with possession or control, as shown in R v Turner (No 2).
Final Thought
Theft is the building block of the new Paper 2. Learn the five elements with a case for each, and robbery, burglary and handling will all fall into place.