Theft Flashcards
Theft, Sections 1-7 of the Theft Act 1968
Either Way Offence
Definition of Theft
A person
a. dishonestly
b. appropriates
c. property
d. belonging to another
e. with the intention of permanently depriving the other of it.
Sections 1-7 of the Theft Act 1968
Section 1: Basic definition of ‘Theft’
Section 2: Dishonestly
Section 3: Appropriates
Section 4: Property
Section 5: Belonging to another
Section 6: With the intention of permanently depriving the other of it
Dishonestly
A person’s appropriation of property may be dishonest notwithstanding that he is willing to pay for the property.
Possible Defence
a. If he appropriates the property in the belief that he has in law the right to deprive the other of the property on behalf of him or a third party.
b. He believed he would have had the owner’s consent had the owner known of the appropriation and its circumstances of it.
c. He appropriated the property in the belief that the owner of the property could not have been found by taking reasonable steps.
Appropriate
Any assumption by a person of the rights of the owner.
Keeping property or dealing with it as the owner.
The property itself does not have to be taken: e.g. interfering with goods by swapping price labels.
Property
a. Money
b. Real Property
c. Personal Property
d. Things in Action: the right to sue;
e. Other Intangible Property: air in oxygen tanks; space in a skip; trademark logos.
Exceptions: Real Estate Property
- A person cannot steal land, or things forming part of the land and severed from it by him or by his directions;
- Exceptions to this rule: a trustee in charge of an estate or a person with power of attorney who sells another’s land for profit
Property
You can PLUCK and PICK but you cannot CHOP or DIG
The 4 Fs
- Flowers
- Fruit
- Fungi
- Foliage
These can be taken lawfully from places where they are not cultivated (e.g. they grow in the wild); if are not intended for sale, reward, or commercial purposes; and if they are not taken in such a manner that the plant or fungus cannot grow back (e.g. they have been uprooted).
Wild animals only amount to theft if:
- the animal had been tamed and was being kept in captivity such as in a zoo or a home; or
- the animal had been killed there without the landowner’s permission and taken (i.e. poaching).
Belonging to another
Property is regarded as belonging to any other person who has ownership, possession or control of it.
Proprietary right or interest: ownership of property or similar rights.
- If a person receives property by mistake, they have an OBLIGATION to return it to the rightful owner.
Intention to Permanently Deprive
A person is regarded as having the ‘intention to permanently deprive’ another of property if -
- his intention is to treat the thing as his own to dispose of regardless of the owner’s rights.
Borrowing or lending property may amount to theft depending on the period and the circumstances making it equivalent to outright taking or disposing of.
E.g. borrowing a sewing machine and then lending it to someone else; pawning someone else’s belongings such as going to the pawnbroker’s shop with your flatmate’s laptop and receiving a loan of money in exchange.
Abstract Electricity: S.13 of the Theft Act 1968
Either way offence:
- on summary: six months imprisonment and/or fine
- on indictment: up to five years imprisonment.
A person commits an offence under s. 13 of the Theft Act 1968 if he/she dishonestly uses without due authority or dishonestly causes to be wasted or diverted any electricity. from any source.
Question 1: JANE is an early riser and runs out of milk for breakfast. His neighbour, O’BRIEN, has his curtains closed so is still asleep and the local supermarket has just left O’BRIEN’s online shopping delivery box outside his back door as requested.
JANE believes that O’BRIEN would consent to him taking a carton of milk from his delivery box so he takes one carton.
Which of the following is correct in relation to an offence of theft, contrary to Section 1 of the Theft Act 1968?
A. JANE commits the offence of theft.
B. JANE does not commit the offence of theft because the appropriation is not dishonest.
C. JANE would not commit theft if he left the money for the milk on the doorstep.
D. JANE does not commit theft because it is only a small quantity.
Answer B
Question 2: Which of the following is NOT property for the purpose of Section 4 of the Theft Act 1968?
A. Money
B. Things in action
C. WIld creatures normally kept in captivity
D. Mushroom growing wild on any land
Answer D
Question 3: A fishing contest is taking place on the river. One of the competitors, FILLIP, is not having much success. He notices that another competitor, JACOB, has caught a large carp. When JACOB goes for lunch, FILLIP removes the fish from JACOB’s net and places it in his own. FILLIP later presents the carp to the judges of the contest and wins a third prize trophy.
Do these actions of FILLIP amount to an offence of theft?
A. No, because the carp is classed as a wild animal.
B. Yes, because all wild animals constitute ‘property’.
C. No, because the carp has not been taken for a commercial purpose.
D. Yes, because the carp was in a person’s possession.
Answer D
Question 4: SALLIS enters a shop with OLIVER. SALLIS looks around and sees that WANDS, the security guard, is not looking so she picks up a bottle of wine intending to steal it and places it in OLIVER’s open carrier bag which is placed on the shop floor.
OLIVER has no knowledge of this until he picks up the carrier bag which is heavy and checks it. He realises what SALLIS has done and was about to place the wine back on the shelf when he changes his mind and decides to keep it and try to leave the store without paying for it. on their way out, they are stopped by another member of staff.
Has OLIVER committed an offence in these circumstances?
A. No, OLIVER formed the intent to steal after the appropriating of the property.
B. Yes, OLIVER has committed the offence of handling.
C. No, SALLIS was the one who committed theft.
D. YES, OLIVER has committed an offence of theft in these circumstances.
Answer D
Question 5: MAYOH steals a necklace and gives it to CARLIN.
In which, if any, of the below options, does CARLIN commit theft?
I. CARLIN keeps the necklace, not knowing it is stolen.
II. CARLIN finds out the necklace is stolen, but still keeps it.
III. CARLIN finds out the necklace is stolen and tells MAYOH to return it to the rightful owner.
A. I and II only
B. II only
C. All
D. None
Answer B
