Theft

Question 1

What is the definition of Theft and the Section?

Answer 1

“A person is guilty of theft if he/she dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.”

Theft Act Section 1 – Theft Act 1968

Question 2

Points to Prove for Theft

Answer 2

• Dishonestly
• Appropriates
• Property
• Belonging to Another
  Intention to permanently deprive the other of it.

Question 3

What is Property?

Answer 3

• Money
• Property real or personal
• Including in action and other intangible property
  Does not include: Mushrooms (On wild or any Land), Flowers, Fruit or Foliage of a plant growing wild, unless picked for sale

Question 4

What is the legal definition of Dishonesty? Is there any case law? What is the dishonesty test?

Answer 4

• No Dishonesty: No THEFT
  There is no actual statute definition of theft.

R vs Ghosh – Study
Ivey vs Genting Casinos – Study

• Was the act the kind that an ordinary decent person (the everyday Mr Smith) would consider to be dishonest. (The Objective test?)
  Did the accused have realised that what he was doing by the above standards, dishonest. (The Subjective test?) Overruled by Ivey vs Genting Casinos.

Question 5

What is the legal definition of appropriation?

Answer 5

• Any assumptions of the rights of an owner, however they have come by the property and includes assuming of a right to it by keeping it or dealing with it as owner.
• It is not where property has been transferred to a person acting in good faith and gives value.
  Example: Swapping Price Labels is appropriation.
  Property can be appropriated on more than one occasion and be a continuing act.

Question 6

What is the legal definition of “Belonging to another”?

Answer 6

• Property must belong to someone.
• No Owner = No theft.
• A person with a legal obligation.
  Similarly, if a person gets another person property by mistake and is under a legal, obligation to make restoration (return) the property or any proceeds, the property shall be regarded as belonging to person entitled to restoration.

Question 7

What is the legal definition of “Permanently Depriving”?

Answer 7

Intention to Permanently deprive

• If a person treats property as his own…
• Where a person parts with property (of another) under a condition for its return which he may not be able to perform.

Question 8

What is the definition of Abstracting Electricity? and Under what Section?

Answer 8

“A person who Dishonestly uses without due authority or dishonestly cause to be wasted or diverted any electricity commits an offence”

Abstracting Electricity – Section 13 Theft Act – 1968

Question 9

What are the points to prove for Abstracting Electricity?

Answer 9

Without due Authority: Have not received consent from the owner.

Wasted: Wasted as in turn on someone else’s electric and leave it.
Diverted: From mains or substations.

Question 10

What is the legal definition of TWOC? And the Section from the Theft Act?

Answer 10

“A Person commits offence if they take a conveyance,
Without owners’ consent or other lawful authority
For own or another’s use
Or knowing it was so taken
Drives it or allows themselves to be carried in or on it”

Taking Without Owners Consent Section 12 (1) Theft Act 1968

Question 11

What are the Points to Prove for the Offence of TWOC?

Answer 11

• Without Consent of Owner/Lawful Consent
• Took a Conveyance
• For his or Another’s use

Question 12

What is the legal definition of Conveyance?

Answer 12

Anything constructed or adapted for the carriage of persons whether by land, water or air.

Question 13

What is the meaning of “Take”?

Answer 13

• Is taken if it is moved from its previous position.
• Doesn’t matter how far you move it. (as small as a 1 cm)
  Starting the engine is not enough, it has to be moved.

Question 14

What does it mean by “Consent of Owner”

Answer 14

• Relates to the permission
• Must be given freely and honestly (No threat or force)
  Must have an honestly held belief to take the conveyance.

Question 15

Who has “Lawful Authority”?

Answer 15

• Police
• Border Agency
• Bailiffs
  Law Enforcement Agency with Justification

Question 16

What is the Meaning of “Knowing”?

Answer 16

Refers to the fact that the person must know that the conveyance has been taken without consent in order to be guilty of the offence.

Question 17

What is the meaning or definition of “Drives” in relation to the offence of TWOC

Answer 17

• Steering and Propulsion
  Someone who steers a vehicle or is engaged in driving or moving a vehicle, therefore it is possible for more than one person to be guilty of an offence at any one time.

Question 18

When Proving TWOC, what does the legislation mean with “Drives it or allows themselves to be carried in or on it”

Answer 18

It must be proved that: -

• The person knew that the conveyance had been ‘taken’. The proof may come from admissions, or the circumstances.
• The person drove the conveyance or allowed themselves to be carried in or on it. In both cases the ‘must be movement’.

Question 19

What is the Definition of “Aggravated TWOC” or “Aggravated Vehicle Taking”?

Answer 19

“A person is guilty of aggravated vehicle taking if he:
- (A) commits an offence under section 12(1) (this section referred to the basic offence of TWOC) related to a mechanically propelled vehicle and
- (B) it is proved that, at any time after the vehicle was unlawfully taken (whether by him or another) and before it was recovered, the vehicle was driven, or injury or damage was caused, in one or more of the circumstances set out in paragraphs A to D of the of the subsections (2) below.
(2) The circumstances referred two in subsection (1)(b) above are:
• A) That the vehicle was driven dangerously on a road or other public place;
• B) That the person owing to the driving of the vehicle an accident occurred by which injury was caused to any person;
• C) And that the person owing to driving of that vehicle an accident occurred by which damage was caused to any property other than the vehicle;
• D) That the damage was caused to the vehicle

Question 20

What are the main circumstances that substantiate the offence of Aggravated TWOC?

Answer 20

1) The vehicle was ‘driven dangerously’ on a road or other public place.
2) Owing to the driving of the vehicle an accident occurred by which injury was caused to any person.
3) Owing to the driving of the vehicle an accident occurred by which damage was caused to any property other than that vehicle.
4) Damage was caused to the vehicle in question.

Question 21

What is the meaning of the word “Owing” or the reference “OWING to”

Answer 21

The meaning of OWING TO is because of

Question 22

For the purpose of the offence of TWOC what does “Driven Dangerously Mean?”

Answer 22

• It is driven in a way which falls far below what would be expected of a competent and careful driver; and
• It would obvious to a competent and careful driver, that driving the vehicle in that way would be dangerous.

Question 23

What is the Definition of “Taking a Pedal Cycle”?

Answer 23

"A person who
Without the owner consent or other lawful authority
Takes a pedal cycle
For his own use or another’s use 
Or knowing it was taken 
Rides it"

Question 24

What is the Definition of “Vehicle Interference”

Answer 24

“A person is guilty of vehicle interference if he/she interferes with a motor vehicle or trailer in order to commit:
Theft of the Motor vehicle or trailer or part of it.
Theft of anything carried on the motor vehicle or trailer”