Lecture 10 Theft Act 1968

Question 1

Section 1

What is the definition of theft?

Answer 1

Dishonestly 
appropriates 
property 
belonging to another 
with the intent to permanently deprive the other of it.

Question 2

Section 2: Dishonestly

What are the three sets of circumstances where the actions of the person would not amount to dishonesty?

Answer 2

1. If he appropriates the property in the belief that he has in law the right to deprive the other of the property on behalf of himself or a third person…
2. if he appropriates the property in the belief that he would have had the owners consent had the owner known of the appropriation and the circumstances of it…
3. If he appropriates the property in the belief that the owner of the property could not have been found by taking reasonable steps…

Question 3

Section 3: Appropriation

What is appropriation in the act?

Answer 3

• Any assumption by a person of the rights of the owner. Appropriation means the person treats, uses or disposes of the property as if it were their own to do with as they please.
• This includes where the person has come by the property (innocently or not) without steeling it, any later assumption of the rights of the owner by keeping it or dealing with it as the owner…
• where property is transferred for value to a person acting in good faith, no later assumption by him of the rights of the owner shall amount to theft of the property.

Question 4

Section 4: Property

What is the definition of property in the act?

Answer 4

Property includes money and all other property, real or personal, including things in action and other intangible property…

A human corpse can never be property and cannot be stolen- unless rendered down for body parts.

Question 5

Section 4: Property
A person cannot steal land, or things forming part of land and served from it by him or by his directions, except in certain cases…

Answer 5

• a trustee selling land
• when not in possession of the land severs or causes to be severed anything forming part of the land
• in possession of land under tenancy, appropriates fixtures, structures let to be used with the land

Question 6

Section 4: Property

What is the definition of the four Fs of property?

Answer 6

A person who picks FUNGI growing wild on an land or picks FLOWERS, FRUIT or FOLIAGE from a plant growing wild on any land does not steal what they pick unless…

They do it for reward or sale or for other commercial purposes.

Question 7

Section 4: Property

What is the definition of theft of property of animals?

Answer 7

A person cannot steal a wild creature not tamed nor ordinarily kept in captivity or the carcass of such a creature
Unless
It has been reduced into possession by or on behalf of another person.

Question 8

Section 5: Belonging to another

What is belonging to another?

Answer 8

Property is regarded as belonging to any person having ownership, possession or control of it.
OR
Having a proprietary right or interest in the property

Question 9

Section 6: Permanently deprive

What is intention to permanently deprive?

Answer 9

A person is regarded as having the intention to permanently deprive another of property if…

It is their intention to treat the thing as their own regardless of the others right

Question 10

What are the 7 sections of the Theft Act 1968?

Answer 10

Section 1: Definition of the Theft
Section 2: Dishonestly 
Section 3: Appropriation 
Section 4: Property
Section 5: Belonging to another 
Section 6: Permanently deprive 
Section 7: Is theft