Theft Flashcards
Where is theft defined in law?
Section 1 of Theft Act 1968
What does Section 1 of Theft Act 1968 state?
A person is guilty of theft if he dishonesty appropriates property belonging to another with the intention of permanently depriving the other of it
What are the five pillars of theft that ALL have to be present for the offence to be complete?
- Dishonestly
- Appropriates
- Property
- Belonging to another
- With the intention of permanently depriving the other of it
What is the test for dishonesty to be applied by a jury?
Firstly, they will consider the defendants knowledge or belief as to what was going on (ie what made the defendant act as they did).
Then, they will apply the standards of ordinary reasonable people to judge that behaviour
Does theft require a guilty act, a guilty mind or both?
Both a guilty mind (Actus Reus) and the guilty act (Mens Rea)
When would taking property not be dishonest?
- they had a legal right to do so for themselves or another OR
- the other person would have consented had they known the circumstances OR
- the person to whom it belonged could not be found by taking reasonable steps
When may it not be possible to take reasonable steps to find the person whom property belongs to?
When property is found in a building / on a bus / in the street as the person who lost it is more likely to go to the owners of the building
If a person appropriates property belonging to another would it be dishonest if they then offer to pay for it / are willing to pay for it?
Yes. It may still be dishonest irrespective of if they are willing to pay for it
What is appropriation as it relates to theft?
An assumption by a person of the rights of an owner (even if they obtain it innocently but later assume the rights of the owner)
What is property (when considering Theft Act)?
Generally, anything that can be touched or handled
Can land be stolen under section 1 of Theft Act 1968?
No, generally land can’t be stolen (unless you are literally digging up the dirt and stealing that)
Can wild plants be stolen?
No, wild plants can’t be stolen UNLESS picked for financial gain then could be theft
Can plants in someone’s garden be stolen?
Yes plants can be stolen if they belong to someone
Can untamed animals be stolen?
Yes, animals can be stolen irrespective of whether they are tamed or not. If they belong to someone animals are classed as property.
Can wild animals (like fish or birds) be stolen?
No, unless they are normally kept in captivity
When has an owner relinquished their ownership of property?
If the owner throws it away, abandons it or gives up their right to it
How can something belong to someone?
If they possess it, have control over it or own it (have any proprietary right / interest in it)
What are some examples of how can someone can permanently deprive someone of their property?
Keep it, eat it, sell it, burn it, throw it away, leave it where the rightful owner is unlikely to recover it, by taking the property and trying to make the owner pay for it
What type of offence is theft?
Either way offence (magistrates or crown court)
What are the sentencing guidelines for theft?
A penalty notice (PND) can be issued for low level retail theft (below £100 shoplifting)
Magistrates - up to six months in prison and / or a fine
Crown court - up to seven years in prison
Who does your work laptop belong to?
Me (as I possess it), my BCU as they control it (issue it, can withdraw it etc) and the Met police as they own it
Would a car taken for a joyride be theft?
Unlikely as there is no intention to permanently deprive (more likely to be TDA)
What offence does section 13 of the Theft Act 1968 cover?
Abstracting electricity
What is the offence of abstracting electricity?
A person who without due authority dishonestly uses, or dishonestly causes to be wasted or diverted any electricity
What type of offence is abstracting electricity?
Either way
