Oxford v Moss [1979]

Oxford v Moss [1979] 68 Cr App R 183 revolved around the theft of intangible property, specifically information. The High Court addressed whether information, such as a proof exam paper, could be considered intangible property and, consequently, be subject to theft under the Theft Act 1968.

The defendant, Moss, a university student, acquired a proof copy of an upcoming exam paper. While he intended to return the physical proof, he was charged with stealing information belonging to the University's Senate.

The prosecution argued that the information itself was a form of property, protected by a proprietary right of confidence. They contended that breaching this confidence amounted to stealing the information. Conversely, the defence asserted that Section 4 of the Theft Act 1968 did not encompass information as a type of intangible property.

The Liverpool Stipendiary Magistrate initially ruled that confidential information was not a form of property under Section 4 of the Theft Act 1968. The case was then referred to the High Court.

The High Court considered the definition of intangible property in Section 4(1) of the Theft Act. The judges noted that cases involving trade secrets and matrimonial secrets, while dealing with confidentiality, were primarily addressed through civil remedies such as injunctions or damages rather than criminal charges. The court concluded that the definition of intangible property did not encompass confidential information.

As a result, the prosecutor's appeal was dismissed, affirming that, according to the Theft Act 1968, confidential information did not fall within the scope of intangible property susceptible to theft.
Back to blog

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 essential case summaries. UOL Case Bank is constantly expanding. Speed up your revision with us now.

Subscribe Now

Where are our students from?

Council of Europe
Crown Prosecution Service
Baker Mckenzie 
Yale University
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University of London
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham
ESSEC Business School

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.