Theft Flashcards
1
Q
Definition of theft
A
A person is guilty of theft if he or she dishonestly appropriates property belonging to another, with intention or permanently depriving the other of it.
2
Q
What type of offence is theft and what is the maximum sentence?
A
Either-way, 7 years
3
Q
Define dishonesty in terms of theft
A
- They don’t believe they a right to the property
- They don’t believe they would receive consent
- They make no reasonable attempt to find the owner
4
Q
Define appropriates in terms of theft
A
- Treat the property as their own - assuming the rights of the owner.
- Applies from the moment they realise it doesn’t actually belong to them.
5
Q
Define belonging to another in terms of theft
A
- Whoever has control of the property at the time it was taken
- receive property by mistake and do not attempt to return it
- More than one person - e.g. garage conducting repairs & owner - car ‘belongs’ to both parties as garage has control of it.
6
Q
Define permanently depriving in terms of theft
A
- To treat as their own
- Destroying
- Retaining e.g. ransom
- Consuming
- Keeping until of no further use
- Abandoning where owner unlikely to recover
7
Q
What is the test for dishonesty?
A
Ivey v Genting casinos
8
Q
What section of the theft Act does handling stolen goods fall under?
A
22
