Theft

Question 1

Which extract of legislation covers theft?

Answer 1

Section 1, The Theft Act 1968

Question 2

How is Section 1 Theft triable?

Answer 2

Either way, in Crown or Magistrates

Question 3

What is the difference between ‘theft’ and ‘steal’?

Answer 3

Nothing - they should be construed as the same thing

Question 4

What is the first Mens Rea for Section 1 Theft?

Answer 4

Dishonestly

Question 5

What is the Actus Reus for Section 1, Theft?

Answer 5

Appropriates property belonging to another

Question 6

What is the second Mens Rea for Section 1, Theft?

Answer 6

Intent to permanently deprive (the other of property)

Question 7

How is ‘dishonest’ defined in regard of Section 1, Theft?

Answer 7

There is no set definition - the term should be understood according to it’s everyday meaning

Question 8

What is the first legitimate defence against dishonesty for Section 1, Theft?

Answer 8

Right in law - The defendant believed they had a right in law to the property (either on behalf of themselves of another)

Question 9

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?

Answer 9

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

Question 10

What is the second legitimate defence against dishonesty for Section 1, Theft?

Answer 10

Consent - The defendant honestly believed that IF the owner know of the appropriation AND its circumstances, they would have consented to the appropriation

Question 11

What is important to remember in respect of the Consent defence against Section 1, Theft?

Answer 11

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

Question 12

What is the third legitimate defence against dishonesty for Section 1, Theft?

Answer 12

Undiscoverable owner - The owner could not be discovered by taking reasonable steps (the defendant must have believed this also)

Question 13

What is important to remember in respect of the Undiscoverable Owner defence against Section 1, Theft?

Answer 13

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

Question 14

What MUST always be done when determining if an appropriation was ‘dishonest’ for Section 1, Theft?

Answer 14

Focus on the belief of the accused at the time of the activity - ask what was going on in their mind.

Question 15

What test do Courts apply to check if an appropriation was ‘dishonest’ under Section 1, Theft?

Answer 15

They ask whether a reasonable and honest person would have viewed the act as dishonest

Question 16

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?

Answer 16

No - this is still a dishonest appropriation and willingness to pay thereafter doesn’t legitimise the act. This is still theft.

Question 17

What is the definition of ‘appropriation’ in respect of Section 1, Theft?

Answer 17

The act of assuming the rights of the owner to a piece of property

Question 18

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?

Answer 18

Either at the point of the appropriation OR after the appropriation

Question 19

Must the act of appropriation be immediate for a legitimate charge of Section 1, Theft?

Answer 19

No - the appropriation can happen over any duration of time and does not NEED to be an immediate act.

Question 20

When would an act of appropriation be deemed NOT to have occurred?

Answer 20

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

Question 21

Is it possible for theft to occur when the owner has given consent of some kind?

Answer 21

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

Question 22

Could the act of swapping price labels in a shop be deemed to be a theft under Section 1?

Answer 22

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

Question 23

Can an appropriation under Section 1, Theft only occur once?

Answer 23

No - the theft can only happen once but the property can be appropriated multiple times and over lengths of time

Question 24

Which extract of legislation defines “property”?

Answer 24

Section 4, Theft Act 1968

Question 25

What 5 key things are defined as “property” under Section 4?

Answer 25

1 - Money
2 - Real property
3 - Personal property
4 - Things in action i.e. copyright
5 - Intangible property i.e. gas

Question 26

What is the one notable exception to ‘intangible property’?

Answer 26

Electricity - this is NOT property

Question 27

Can money in an overdraft be stolen?

Answer 27

Yes

Question 28

Can cheques/bank cards/exam papers be deemed property that can be ‘stolen’?

Answer 28

Yes - the info on these may be fraud but the physical objects representing this can be stolen

Question 29

Is land “property” under the Section 4 definition?

Answer 29

No - generally land is not strictly property and cannot be stolen

Question 30

What is the first exception when land can be deemed “property” which CAN be stolen under Section 4?

Answer 30

When a trustee steals land by breaching the confidence of a trusteeship

Question 31

What is the second exception when land can be deemed “property” which CAN be stolen under Section 4?

Answer 31

When a person NOT in possession of the land steals it by annexing the land i.e. severing a portion of land from itself

Question 32

Can a tenant steal land?

Answer 32

No - a tenant is already deemed to be in possession of land. They can therefore only ‘steal’ fixtures and structures on the land

Question 33

Can personal data be stolen?

Answer 33

No - there is no such thing as ‘identity theft’. This is fraud.

Question 34

Can things grown wild be stolen?

Answer 34

Generally NO - things growing wild are not property and cannot be stolen so long as they are picked/plucked NOT chopped or severed

Question 35

When can things growing wild be legitimately taken?

Answer 35

When they are picked or plucked for personal use

Question 36

When would things growing wild be deemed to be stolen?

Answer 36

When they are chopped or severed AND/OR resold for financial reward/commercial purpose

Question 37

Can cultivated plants be stolen?

Answer 37

Yes - anything cultivated is property and can be stolen

Question 38

When can wild fruit legally be taken?

Answer 38

When it is picked/plucked for sole, personal use AND there was no intent to sell it at the time of picking

Question 39

Is it possible to steal wild animals?

Answer 39

Generally, NO

Question 40

What is the first exception by which a wild animal can be deemed to be stolen?

Answer 40

It has been teemed

Question 41

What is the second exception by which a wild animal can be deemed to be stolen?

Answer 41

It is ordinarily kept in captivity

Question 42

What is the third exception by which a wild animal can be deemed to be stolen?

Answer 42

It has been reduced into possession

Question 43

What is the fourth exception by which a wild animal can be deemed to be stolen?

Answer 43

It is in the course of being reduced into possession

Question 44

Can a corpse be stolen?

Answer 44

Generally, no - a corpse is not property and cannot be stolen

Question 45

In what circumstances can a corpse become stealable property?

Answer 45

When it is changed either by
amputation
dissection of
preservation

Question 46

Are fluids taken from corpses property which can be stolen?

Answer 46

Yes

Question 47

What is the definition of “property belonging to another” under Section 1, Theft?

Answer 47

Property over which another has possession, control or a proprietary right/interest in it

Question 48

Can have multiple owners, and thus be stolen from them, at one time?

Answer 48

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.

Question 49

For a legitimate charge of theft, must the legitimate owner of the property stolen be identified?

Answer 49

No - the owner does not need to be proved - only that it did not belong to the accused and belonged to some other

Question 50

Can a person be deemed to have committed theft against their spouse of civil partner?

Answer 50

Yes - BUT you must get authority for this charge from the DPP (Director of Public Prosecutions) unless couple are already separated.

Question 51

What is the first circumstance which might suggest the Mens Rea of intention to permanently deprive for Section 1, Theft?

Answer 51

The accused treat’s the property as their own

Question 52

What is the second circumstance which might suggest the Mens Rea of intention to permanently deprive for Section 1, Theft?

Answer 52

The accused borrows the property beyond the scope of the agreed terms

Question 53

What is the third circumstance which might suggest the Mens Rea of intention to permanently deprive for Section 1, Theft?

Answer 53

The accused only parts with the property under a condition for return

Question 54

What must a person who has received property by mistake do to avoid evidencing an intention to permanently deprive, and thus to commit theft?

Answer 54

Restore the property to the person who made the mistake