Theft Flashcards
S1(1) theft act 1986
Dishonestly
Appropriates
Property
Belonging to another
Intention of permanently depriving another
S2(1) Dishonestly (men’s Rea)
Defences
S2(1) A) belief is honestly held - lawful right
S2(1) B) would have consent within that circumstance
S2(1) C) cannot discover the original owner even with reasonable steps
R V Freely 1973
Objective test
S3(1) Appropriation
Taking something for one’s own use
Do something with the property they are not entitled to
S4(1) property
Money
Personal
Real - land, buildings
Intangible - not seen or touched (debt, trademark, copyrights, shares)
S5(1) belonging to another
Possession or control of item
Or
Proprietary right or interest
Owner lends lawnmower to neighbour (possession) who then gives it to son (control) to use
Someone steals from all of them
S5 Belonging to another
S5(2) - trustees and beneficiaries
S5(3) - handed property by the owner
S5(4) - getting property by mistake
S5(5) - belonging to a corporation
S6(1) intention of permanently deprive another
Appropriation of property without meaning the other permanently to lose the thing is regarded as intention of permanently deprive
S8(1) robbery
Steals
Immediately before or at the time
In order to do so, uses force on any person
Puts or seeks to put any person in fear of being subjected to force
Section 1 theft act 1968 must be proved
S8(1) robbery punishment
Life
S9 theft act 1968 Burglary
A) intent -> enter + steals/GBH/damage = 9(1a)
B) enter -> intent + steals/GBH = 9(1b)
S10 theft act 1968 aggravated burglary
9.1(a)
Entry/commission
Has their wife with them
S10.1a theft act 1968 aggravated burglary
Weapons of offence: yes (made,adapted,intended)
Imitation firearm
Firearm
Explosive
Made, adapted, intended
Made: specially made with the purpose of causing injury
Adapted: alerted in some way - sharpened screwdriver
Intended: I.e hammer, cricket ball, razor etc
