Basic Theft Flashcards

1
Q

What is the definition of Theft ?

A

A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention to permanently deprive the other of it.

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2
Q

What are the Points to Prove for theft ?

A

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)

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3
Q

What are the defences for Dishonestly?

A
  • 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.
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4
Q

In law, what is property? And what property can you not steal?

A

-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.

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5
Q

Is electricity property under the Theft Act ?

A

No

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6
Q

What is abstracting electricity ?

A

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.

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7
Q

What are the points to prove for Abstracting Electricity?

A

-DATE & LOCATION
-USES
-WITHOUT DUE AUTHORITY
-DISHONESTLY CAUSES TO BE WASTED OR DIVERTED ANY ELECTRICITY.

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8
Q

What Section is Abstracting Electricity ?

A

Section 13 THEFT ACT 1968

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9
Q

What is a common use of the Abstracting Electricity legislation ?

A

Cannabis Factories

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10
Q

What Section is Basic Theft ?

A

Section 1THEFT ACT 1968

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11
Q

What is the max sentence for Basic Theft ?

A

7 Years imprisonment

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12
Q

Is Theft a Summary or Indictable offence ?

A

Both. Triable either way

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