1B - Theft

Question 1

What kind of offence is theft?

Answer 1

It’s a triable either way offence

Question 2

What is the sentencing of theft?

Answer 2

up to 7 years imprisonment

Question 3

How does s.1 Theft Act 1968 define theft?

Answer 3

‘a person is guilty fo theft is he dishonestly appropriate/s property belonging to another with the intention to permanently deprive the other of it’

Question 4

What is the actus reus of theft?

Answer 4

appropriating property belonging to another

Question 5

What is the mens rea of theft?

Answer 5

dishonestly and with the intention to permanently deprive

Question 6

Where is appropriation found in the Theft Act 1968 and how is it defined?

Answer 6

s.3 and ‘any assumption by a person of any (some or all) the rights of an owner amounts to appropriation’

Question 7

Property - real property

Answer 7

Refers to land and anything fixed to land

eg. houses and buildings, electrical cables, light fittings

Question 8

Property - personal property

Answer 8

Refers to physical/movable property other than land

eg. books, clothes, cars, wallets

Question 9

Property - things in action

Answer 9

Refers to a personal property that can only be claimed/or enforced by action, and not taking physical possession
eg. cheques, money in a bank account

Question 10

Property - intangible property

Answer 10

Refers to property that has no physical existence

eg. computer file, digital music

Question 11

Where is property found in the Theft Act 1968 and how is it defined?

Answer 11

s. 4 and ‘property includes money and all other property, real or personal, including things in action and other intangible property’

Question 12

Where is belonging to another found in the Theft Act 1968 and how is it defined?

Answer 12

s. 5 and ‘property shall be regarded as belonging to any person having possession or control of it/or having in it any proprietary interest or right’

Question 13

Where is dishonesty found in the Theft Act 1968?

Answer 13

s. 2

Question 14

What does s.2(1)(a) say about dishonesty?

Answer 14

A person will not be regarded as dishonest if he appropriates property, for himself or a third party, believing that he has a right in law to deprive the other of it

• Holden
• Robinson

Question 15

What does s.2(1)(b) say about dishonesty?

Answer 15

A person will not be considered dishonest if he takes property believing that the other would consent to it
s.2(2) ‘a person’s appropriation of property belonging to another may be dishonest that he is willing to pay for the property’

Question 16

What does s.2(1)(c) say about dishonesty?

Answer 16

A person will not be dishonest if he appropriates property belonging to another believing that the person to whom it belongs cannot be discerned by taking reasonable steps. But these are reasonable steps from the D’s viewpoint
- Small

Question 17

Where is intention to permanently deprive in the Theft Act 1968?

Answer 17

s.6

Question 18

What does s.6 Theft Act 1968 say?

Answer 18

A person has the intention to permanently deprive someone of something if:

(a) he decides to keep it, or
(b) he treats it as if it were his own, or
(c) he borrows it and deprives the owner of all its value