1B - Theft

Question 1

Theft

Answer 1

-Set under S1 of Theft Act 1968
-Up to 7 years imprisonment
-It’s a triable either way offence

Question 2

How does s.1 Theft Act 1968 define theft?

Answer 2

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

Question 3

What is the actus reus of theft?

Answer 3

appropriating property belonging to another

Question 4

What is the mens rea of theft?

Answer 4

dishonestly and with the intention to permanently deprive

Question 5

Appropriation

Answer 5

-Found under s.3
-‘any assumption by a person of any (some or all) the rights of an owner amounts to appropriation’
-R v Morris

Question 6

Property - real property

Answer 6

Refers to land and anything fixed to land
e.g - houses, buildings, elecrical cables, light fittings

Question 7

Property - personal property

Answer 7

-Refers to physical/movable property other than land
-eg. books, clothes, cars, wallets
-R v Kelly and Lindsay

Question 8

Property - things in action

Answer 8

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 9

Property - intangible property

Answer 9

-Refers to property that has no physical existence
-eg. computer file, digital music
-Oxford v Moss

Question 10

Property

Answer 10

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

Question 11

Belonging to Another

Answer 11

-Found under s. 5
-‘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 12

Where is dishonesty found in the Theft Act 1968?

Answer 12

s. 2

Question 13

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

Answer 13

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

-R v Holden
-R v Robinson

Question 14

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

Answer 14

A person will not be considered dishonest if he takes property believing that the other would consent to it

Question 15

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

Answer 15

Shows that a person will not be dishonest if they appropriate property which they believe the owner will not be affected by it. But must take reasonable steps
-R v Small

Question 16

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

Answer 16

s.6

Question 17

What does s.6 Theft Act 1968 say?

Answer 17

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