Property S.4 Flashcards
What does property include in s.4
“money and all other property, real or personal, including things in action and other intangible property”
What is personal property
vast majority of thefts are this
Define things in action
have no tangible existence e.g a bank account, although money is not kept in a box the account confers rights on the owner making it property
also shares copyright etc (illellectual property)
Can gas be stolen
yes as it is an intangible however stolen electricity is not theft but it is dealt with else where in the act
What is real property
includes land and things attached to it
Can land be stolen
no except in certain situations when things are severed from the land
What are the list of exceptions
1) removing topsoil, trees, plants and green houses
2) Knocking down neighbours brick wall and carrying away bricks e.g. man in Cleckheaton prosecution for stealing railway station by removing it brick by brick
Does it matter if the property is practically worthless
no
What case indicated that it is not possible to steal knowledge or information
Oxford V Moss
no intention of permanently depriving uni of exam paper and it is not possible to steal knowledge
Which section indicates that wild animals cannot be stolen
s4.4
What is the approach to poaching
does not normally fall within theft act
What is the approach if the animal has been tamed or is in captivity
they become property so can not be stolen
When can wild animals be stolen
if they have been reduced into possession e.g. property owner shoots pheasant it then becomes his
Can stealing wild plants be theft
taking wild plants is not a theft providing they have not be taken for commercial purposes
Which section number indicates than wild plants taken for commercial purpose is property that can be stolen
s.4.3
