Theft

Question 1

What is the definition of Theft?

Answer 1

THEFT ACT 1968

1.) Dishonestly
2.) Appropriates
3.) Property
4.) Belonging to another
5.) With the intention to permanently deprive the other of it

Question 2

Not Dishonest if:

Answer 2

1.) Has a right in law to deprive other of it on behalf of himself or third person
2.) If the owner knew of the appropriation and circumstances of it, the owner would consent
3.) That the owner cannot be discovered by taking reasonable steps

Question 3

What if the person is willing to pay for it?

Answer 3

Still dishonest

Question 4

Dishonest Test

Answer 4

Ivey v Genting Casinos

1.) Was the action dishonest according to the ordinary standards of reasonable and honest people?
If yes:
2.) this test must be objectively assessed regardless of the defendants belief of what was reasonable

Question 5

Appropriates includes:

Answer 5

1.) Theft by finding

2.) Item not returned

3.) Mistakenly taken

Question 6

Property includes:

Answer 6

Money and all other property, real, or personal, wild creatures tamed or normal kept in captivity

Question 7

Property does NOT include:

Answer 7

Mushrooms growing wild
Flowers, fruit, foliage, fungi
UNLESS AT OF PICKING THEY ARR PICKED FOR COMMERCIAL PURPOSE

Question 8

Belonging to another includes:

Answer 8

Control of it

Possession of it

Right or interest in it

Question 9

Intention to permanently deprive includes:

Answer 9

• retaining the property
• consuming the property
• selling the property
• destroying the property
• abandoning the property where the owner is unlikely to recover it
• keeping the property until it is of no further use

Question 10

Under £200

Answer 10

Summary offence