Borrowing
Mere borrowing is not enough for intention to permanently deprive. However, it can count if:
Borrowing is for a period and in circumstances making it equivalent to an outright taking or disposal.
TEST - Has the property lost all its goodness, virtue, and practical value when returned?
R v Lloyd
Facts: Cinema projectionist borrowed films, copied them, returned originals intact.
Held: No intention to permanently deprive. Films retained full value for owners.
Principle: Borrowing only amounts to theft if property is returned in a changed state (e.g., exhausted battery, used train ticket).
Conditions as to return?
Section 6(2) states that a person who parts with property under a condition as to its return, which they may not be able to perform, is deemed to be treating the property as their own to dispose of regardless of the other's rights.
Example - D pledges P's property as security for a loan
Interchangeable property
Returning equivalent items is NOT the same as returning the same property.
R v Velumyl
Facts: D took money from employer’s safe intending to repay later.
Held: Intention to return equivalent notes does not negate intention to permanently deprive original notes.
Principle: Theft focuses on the actual property taken, not its value.