Theft Flashcards
What is the definition of theft ?
S1 theft act states that a person is guilty of theft if they dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it
What is dishonesty in theft ?
Not defined in the theft act but in the gosh test, a person is dishonest if; what was done was dishonest according to the standards of reasonable and honest people and that d realised what they were doing was dishonest by these standards
What is appropriation?
Occurs when there is an assumption of the rights of the owner. Gomez confirmed that this can be any rights of the owner. It will be appropriation even if the owner consented to the appropriation (Lawrence)
What is property in theft?
Included money and all other property, but does not include knowledge, mushrooms, electricity, flowers, fruit and foliage, wild creatures.
What does belonging to another mean in theft?
Property belongs to another if they have possession or control over it, or any proprietary interest in it or has been received under an obligation or mistake. Therefore it is possible for property to be stolen from someone other than the owner (Turner (no2))
What does intention to permanently deprive mean in theft ?
D has the intention to permanently deprive if their intention is to treat the thing as their own or dispose of it
What is the layout of a theft answer plan
Identify injury and crime, define theft, dishonest, appropriation, property, belonging to another, intention to permanently deprive and conclude
