Theft Flashcards
Which extract of legislation covers theft?
Section 1, The Theft Act 1968
How is Section 1 Theft triable?
Either way, in Crown or Magistrates
What is the difference between ‘theft’ and ‘steal’?
Nothing - they should be construed as the same thing
What is the first Mens Rea for Section 1 Theft?
Dishonestly
What is the Actus Reus for Section 1, Theft?
Appropriates property belonging to another
What is the second Mens Rea for Section 1, Theft?
Intent to permanently deprive (the other of property)
How is ‘dishonest’ defined in regard of Section 1, Theft?
There is no set definition - the term should be understood according to it’s everyday meaning
What is the first legitimate defence against dishonesty for Section 1, Theft?
Right in law - The defendant believed they had a right in law to the property (either on behalf of themselves of another)
If the defendant’s belief that they had a legitimate right to property they ‘thieved’ was incorrect, does this nullify any defence to a charge of theft against them made on this basis?
No - so long as they honestly held the belief that they had a right to the property they are innocent, even if the belief was wrong
What is the second legitimate defence against dishonesty for Section 1, Theft?
Consent - The defendant honestly believed that IF the owner know of the appropriation AND its circumstances, they would have consented to the appropriation
What is important to remember in respect of the Consent defence against Section 1, Theft?
The defence is only legitimate if the defendant honestly believed the appropriation would be consented to by the owner if they know BOTH of its fact AND its circumstances
What is the third legitimate defence against dishonesty for Section 1, Theft?
Undiscoverable owner - The owner could not be discovered by taking reasonable steps (the defendant must have believed this also)
What is important to remember in respect of the Undiscoverable Owner defence against Section 1, Theft?
The defendant does not actually need to have taken reasonable steps to find the owner of the property so long as they honestly believed they were undiscoverable
What MUST always be done when determining if an appropriation was ‘dishonest’ for Section 1, Theft?
Focus on the belief of the accused at the time of the activity - ask what was going on in their mind.
What test do Courts apply to check if an appropriation was ‘dishonest’ under Section 1, Theft?
They ask whether a reasonable and honest person would have viewed the act as dishonest
Would the defendant’s willingness to pay for an item they have taken make the act honest and disprove a charge of Section 1 Theft i.e. leaving milk after drinking a neighbour’s on a night out?
No - this is still a dishonest appropriation and willingness to pay thereafter doesn’t legitimise the act. This is still theft.
What is the definition of ‘appropriation’ in respect of Section 1, Theft?
The act of assuming the rights of the owner to a piece of property
When would the Mens Rea for theft need to be formed in relation to the act of appropriation for a legitimate charge of Section 1, Theft?
Either at the point of the appropriation OR after the appropriation
Must the act of appropriation be immediate for a legitimate charge of Section 1, Theft?
No - the appropriation can happen over any duration of time and does not NEED to be an immediate act.
When would an act of appropriation be deemed NOT to have occurred?
Where the individual has purchased a piece of property at value and has done so in good faith, but this later turn out to be stolen. A refusal to return the property to the original owner would NOT constitute theft in this example
Is it possible for theft to occur when the owner has given consent of some kind?
Yes - i.e. a taxi driver taking more money from a tourist who, not speaking English, offers their wallet to the driver to take the required fare
Could the act of swapping price labels in a shop be deemed to be a theft under Section 1?
Yes - so long as the other elements of the crime are there. The defendant has assumed the rights of the owner in an act of appropriation
Can an appropriation under Section 1, Theft only occur once?
No - the theft can only happen once but the property can be appropriated multiple times and over lengths of time
Which extract of legislation defines “property”?
Section 4, Theft Act 1968
What 5 key things are defined as “property” under Section 4?
1 - Money 2 - Real property 3 - Personal property 4 - Things in action i.e. copyright 5 - Intangible property i.e. gas
What is the one notable exception to ‘intangible property’?
Electricity - this is NOT property
Can money in an overdraft be stolen?
Yes
Can cheques/bank cards/exam papers be deemed property that can be ‘stolen’?
Yes - the info on these may be fraud but the physical objects representing this can be stolen
Is land “property” under the Section 4 definition?
No - generally land is not strictly property and cannot be stolen
What is the first exception when land can be deemed “property” which CAN be stolen under Section 4?
When a trustee steals land by breaching the confidence of a trusteeship
What is the second exception when land can be deemed “property” which CAN be stolen under Section 4?
When a person NOT in possession of the land steals it by annexing the land i.e. severing a portion of land from itself
Can a tenant steal land?
No - a tenant is already deemed to be in possession of land. They can therefore only ‘steal’ fixtures and structures on the land
Can personal data be stolen?
No - there is no such thing as ‘identity theft’. This is fraud.
Can things grown wild be stolen?
Generally NO - things growing wild are not property and cannot be stolen so long as they are picked/plucked NOT chopped or severed
When can things growing wild be legitimately taken?
When they are picked or plucked for personal use
When would things growing wild be deemed to be stolen?
When they are chopped or severed AND/OR resold for financial reward/commercial purpose
Can cultivated plants be stolen?
Yes - anything cultivated is property and can be stolen
When can wild fruit legally be taken?
When it is picked/plucked for sole, personal use AND there was no intent to sell it at the time of picking
Is it possible to steal wild animals?
Generally, NO
What is the first exception by which a wild animal can be deemed to be stolen?
It has been teemed
What is the second exception by which a wild animal can be deemed to be stolen?
It is ordinarily kept in captivity
What is the third exception by which a wild animal can be deemed to be stolen?
It has been reduced into possession
What is the fourth exception by which a wild animal can be deemed to be stolen?
It is in the course of being reduced into possession
Can a corpse be stolen?
Generally, no - a corpse is not property and cannot be stolen
In what circumstances can a corpse become stealable property?
When it is changed either by
amputation
dissection of
preservation
Are fluids taken from corpses property which can be stolen?
Yes
What is the definition of “property belonging to another” under Section 1, Theft?
Property over which another has possession, control or a proprietary right/interest in it
Can have multiple owners, and thus be stolen from them, at one time?
Yes - i.e. in the case of a laptop taken to a technician for repair, a proprietary interest is maintained both by the technician and the store manager. The laptop can therefore be stolen from them both.
For a legitimate charge of theft, must the legitimate owner of the property stolen be identified?
No - the owner does not need to be proved - only that it did not belong to the accused and belonged to some other
Can a person be deemed to have committed theft against their spouse of civil partner?
Yes - BUT you must get authority for this charge from the DPP (Director of Public Prosecutions) unless couple are already separated.
What is the first circumstance which might suggest the Mens Rea of intention to permanently deprive for Section 1, Theft?
The accused treat’s the property as their own
What is the second circumstance which might suggest the Mens Rea of intention to permanently deprive for Section 1, Theft?
The accused borrows the property beyond the scope of the agreed terms
What is the third circumstance which might suggest the Mens Rea of intention to permanently deprive for Section 1, Theft?
The accused only parts with the property under a condition for return
What must a person who has received property by mistake do to avoid evidencing an intention to permanently deprive, and thus to commit theft?
Restore the property to the person who made the mistake
