Theft

Question 1

What is the definition of theft?

Answer 1

To dishonestly appropriate property belonging to another with the intention to permanently deprive the other of it

Question 2

What is the test for dishonesty?

Answer 2

Ivey vs Genting Casinos (2017)
R v Barton and Booth (2020) reaffirmed

Question 3

What are the possible defences to theft?

Answer 3

• they believed they had a right in law to the property stolen
• they believed that had the owner known of the circumstances that they would have consented
• they believed the owner could not reasonably have been found

Question 4

Does the property have to be taken?

Answer 4

The property itself does not have to be taken - interfering with goods, e.g. swapping price labels would suffice

Question 5

What can property be defined as?

Answer 5

• tangible and intangible
• money, real property, personal property, things in action, other intangible things

Question 6

Can a person steal land?

Answer 6

A person cannot steal land, or things forming part of land, except in certain cases e.g. the person needs to be in a position of trust over the land, such as solicitors/ estate agents

Question 7

Can flowers, fruit, foliage and fungi be stolen?

Answer 7

You can pick and pluck but you cannot chop and dig. However, if you are picking or plucking for financial gain, then it is theft.

Question 8

Can wild animals be stolen?

Answer 8

Wild animals do not belong to anyone and thus you cannot steal them. However, if they then become owned, you can steal them.

Question 9

When is property regarded as belonging to another?

Answer 9

Property is regarded as belonging to another who had possession, or control of it, or have in it any proprietary rights or interest

Question 10

When is a person regarded as having the intention to permanently deprive?

Answer 10

If their intention is to treat the property as their own to dispose of.
Borrowing/ lending may amount to theft if the period and circumstances make it equivalent to outright taking or disposal

Question 11

Can you steal electricity?

Answer 11

You cannot steal electricity. However, a person who dishonestly uses without due authority, or dishonestly causes to be wasted or diverted, any electricity from any source shall commit an offence

Question 12

What is the legislation for theft?

Answer 12

Section 1-7 of the Theft Act 1968

Question 13

What type of offence is theft?

Answer 13

Either way offence

Question 14

What is the maximum imprisonment for theft?

Answer 14

7 years