Theft

Question 1

For a person to be found guilt of a criminal act what elements have to be proven in court?

Answer 1

• The act or actions of a person

- The intention of the person before or after their act or action

Question 2

What is the definition of theft?

Answer 2

The Theft Act 1968

A person is found guilt of theft if they
dishonestly appropriates property belonging to another with the intention of permanently depriving them of it.

Question 3

Provide the three points that someone must show that their belief in was genuine to demonstrate that they were NOT being dishonest.

Answer 3

Honest held belief that

1. They have a right in law to do so

Someone who has a ball kicked into their garden can keep it because it is on their land. (Even of law doesn’t actually allow it).

2. The other person would have consented has they known the circumstances

Someone runs out of milk and takes their neighbours thinking his neighbours would have given permission.

3. The person to whom it belonged could not be found by taking reasonable steps

E.g. someone taking a £1 coin off the street, would not be easy to find the owner of, where as you would probably be able to take some actions to find the owner of a bank card

Question 4

What is the definition of appropriates?

Answer 4

“Any assumption by a person of the rights of the owner and this includes where they came by the property, innocently or not, without stealing it, if they later assume a right to the property by keeping it or dealing with it as if they owned it”

This means the person treats the property as if it were their own to do what they like with.

Question 5

Give an example of appropriation.

Answer 5

You lend you lawnmower to a neighed and he sells it’s for cash, then he has appropriated the lawnmower.

A friend gives you a stolen book as a present, you find out it’s stolen but decide to keep it, then appropriation has taken place.

Question 6

Define property and the exceptions.

Answer 6

Property is something that can be touched or handled.

Except

• land
• wild animals
• flowers
• fruit
• foliage
• fungi

Any of the four ‘F’s growing wild on any land cannot be subject to theft. (Cannot be sold for commercial gain)

Question 7

Define belonging to another

Answer 7

Property belongs to any person who has:
- possession or
- control or 
- proprietary rights or interest 
Of the property.

Question 8

How can you deprive someone of their property?

Answer 8

• keeping it
• eating or drinking it
• selling it
• burying, breaking or destroying it
• throwing it away or leaving it where the person who owned it is unlikely to find it
• keeping the property until it has no further use (e.g keeping a season ticket until it is out of date)

Question 9

A person is guilt of abstracting electricity if he …

Answer 9

Dishonestly uses without due authority or dishonestly causes to be wasted or diverted any electricity from its source.

Question 10

Definition of use with regard to electricity abstraction

Answer 10

Use of electricity implies consumption of electricity that would not have been used without the act of the accused.

Question 11

Definition of without due authority with regard to abstraction of electricity

Answer 11

Without proper authorisation

Question 12

Define the legislation for theft of a pedal cycle

Answer 12

Section 12(5) of the Theft Act 1968

It is an offence to take a pedal cycle without the consent of the owner or other lawful authority or knowing that it has been taken so taken to ride on it.