Basic Theft Flashcards
What is the definition of Theft ?
A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention to permanently deprive the other of it.
What are the Points to Prove for theft ?
DISHONESTLY (S.2)
APPROPRIATES (S.3)
PROPERTY (S.4)
BELONGING TO ANOTHER (S.5)
(With the) INTENTION OF PERMANENTLY DEPRIVING THE OTHER OF IT (S.6)
What are the defences for Dishonestly?
- If he has the belief in law that he has the right to deprive another.
- If he believes he would have the others consent.
- If the owner of the property cannot be found after taking reasonable steps.
In law, what is property? And what property can you not steal?
-Money and all other property, real of personal. Including intangible property.
-Land cannot be stolen.
-Picking wild plants is not theft.
-Wild creatures are property. But they cannot be stolen.
Is electricity property under the Theft Act ?
No
What is abstracting electricity ?
A person who DISHONESTLY uses WITHOUT DUE AUTHORITY causes to be WASTED or DIVERTED ANY ELECTRICITY shall on conviction on indictment be liable to imprisonment for a term not exceeding 5 years.
What are the points to prove for Abstracting Electricity?
-DATE & LOCATION
-USES
-WITHOUT DUE AUTHORITY
-DISHONESTLY CAUSES TO BE WASTED OR DIVERTED ANY ELECTRICITY.
What Section is Abstracting Electricity ?
Section 13 THEFT ACT 1968
What is a common use of the Abstracting Electricity legislation ?
Cannabis Factories
What Section is Basic Theft ?
Section 1THEFT ACT 1968
What is the max sentence for Basic Theft ?
7 Years imprisonment
Is Theft a Summary or Indictable offence ?
Both. Triable either way