3.1 Theft Flashcards
S1 Theft act?
Dishonestly Appropriates Property Belonging to another With the intention of permanently depriving him of it
When shall a persons actions not be regarded as dishonest?
If he appropriates it believing he had a lawful right to deprive him of it
If he believes they would have consented
If he appropriates it as he believes the owner cannot be discovered by taking reasonable steps
How does payment affect dishonesty?
If the item is for sale and they take the goods leaving a payment then it is not dishonest
BUT IF THEY KNOW ITS NOT FOR SALE THEN IT WOULD STULL BE DISHONEST
Who is the owner of the property?
The person who has the right to sell give away or destroy it
What does swapping labels over in a shop mean?
The property is appropriates
When can theft occur in gift giving
If the circumstances of the gift giving are dishonest then theft will occur.
If something is stolen and is then brought in good faith by a third party have they then committed theft
No without more this would not attract liability for theft
In terms of property, what does money mean
Coins and bank notes
Not Cehques
What is included under things in action?
Parents Shares Trademarks Credits on store loyalty cards Contents of a bank or building society account
What are the 3 exceptions where you can steal land
- Trustees/ someone in a position of trust dishonestly disposes of land belonging to another
- Person not in possession of the land
- tenants can steal fixtures to land like the shed
What can be picked is they are frowning on any land?
Mushrooms
Flowers
Fruit
Foliage
What must anything picked not be used for
Reward
Sale
Or other commercial purposes
What is not property?
Another’s personal characterises or administrative data
Human bodies
Electricity
If the ownership property is passed to the defendant…
Then theft cannot be committed
