THEFT Flashcards
What is the definition of theft?
Dishonestly, appropriates .. property belonging to another.. with the intention of permanently depriving them of it.
How many points are there to prove?
FIVE
Dishonestly,
Appropriates,
Property,
Belonging to another,
With intent to permanently deprive them of it.
What type of offence is theft?
Either way offence.
Is a person guilty of being dishonest if they have the honest held belief that they had a lawful right to take the property?
No, the person is not seen as being dishonest if they believe they had a right to take the property. This is for a court to decide.
Is a person guilty of being dishonest if the owner cannot be discovered by taking reasonable steps?
No, the person is not acting dishonestly if the owner cannot be discovered by taking reasonable steps.
E.g finding cash in the street
Is it theft if somebody takes property but is willing to pay for it?
Yes
Dishonesty must be established by the court.
How do courts prove dishonesty?
It needs to be shown in court that a reasonable person would find the actions dishonest.
What is the meaning of appropriation?
Assuming the rights of the owner.
If somebody obtains property innocently and later uses it as their own is this theft?
Yes, the property has been appropriated.
If somebody paid the right price for property that later turns out to be stolen, have they committed theft?
No, this is for a court to decide who is the rightful owner.
Are plants and fungi growing in the wild considered property?
No, but they cannot be sold for profit then it is theft.
If somebody picks wild mushrooms and later sells them on is this considered theft?
Yes.
Can land be stolen if somebody removes turf, soil or digs up trees?
Yes.
Can things in action be stolen? for example; Copyrights, patents, trademarks
Yes
If a car is taken to a garage for repair and the repair costs haven’t yet been paid does the car belong to the garage or the owner?
The garage.
