Section 1B: Property Offences Flashcards
What type of offence is theft?
Triable either way
What is the maximum sentence for theft?
7 years
What section defines theft?
S.1 Theft Act 1968
Define theft
A dishonest appropriation of property belonging to another with the intention to permanently deprive
What does S.3 define appropriation as?
Any assumption of the rights of the owner
Morris
There does not have to be an assumption of all rights
Can appropriation occur with consent
Yes
Lawrence
The consent was irrelevant, an appropriation occurred
What does S.4 define property as?
Money and all other property real or personal including things in action and other intangible property
What is not classed as property?
Wild plants, fruits, mushrooms, animals and information
Oxford and Moss
The exam paper was held not to be property
S.5 defined belonging to another as?
Any person having possession or control of it or having proprietary interest in it
Turner
Car was in possession and control of the garage so theft