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The main issue is whether there is a clear obligation to deal with the property in a particular manner.
In many cases, it will be evident that this is satisfied.
So, for example, if the legal owner gives permission to a friend to borrow a guitar for the weekend and it is stolen by a third party – this element is still satisfied.
The element of dishonesty requires a two-stage test: It will be a defence to a theft charge if you can show that you had a genuine belief that you had the legal right to appropriate the property; the owner would have consented; or the owner cannot be discovered by taking reasonable steps.
Section 7 of the Theft Act states that the maximum prison sentence for the offence of theft will be seven years. For instance, the criminal offence of fraud may include appropriating someone’s identity, money, and so on.
Importantly, the Fraud Act 2006 repealed some offences under the 1968 Act including obtaining property by deception; obtaining a money transfer by deception; and obtaining a pecuniary advantage by deception.
If another individual takes the car and drives it without permission, this is appropriation.