Theft Flashcards
What is the definition of Theft?
‘A person is guilty of theft if he/she dishonesty appropriates property belonging to another, with the intention of permanently depriving the other of it.’
What section and act is Theft under?
Section 1, Theft Act 1968
What type of offence is Theft?
It is an either-way offence
What is the maximum time in prison for Theft?
7 years
What is the one exception where Theft is a summary offence?
If it is under £200 shopping offence
What is the Mens Rea of Theft?
Dishonesty and the intention to permanently deprive
What is the Actus Reus of Theft?
Appropriation of property that belongs to another
What are 3 occasions someone would not be considered dishonest?
- Had the owners consent
- Person believed they had the right in law to take it
- The owner cannot be discovered by taking reasonable steps
What is the test of dishonesty? And what type of test is it?
The Ivey case, 2017.
Subjective test
What does appropriation (section 3) mean?
- a bundle of rights someone has over property they own e.g. sell property, destroy property, damage property
What happens if owner consents to the Appropriation?
Can appropriate property e.g. foreign person gives taxi man wallet but taxi man takes out more money than the fare
What section is property in the Theft Act?
Section 4
What does property include in the Theft Act?
Money, personal property, rights of action (cheques)
What does property of the Theft Act not include?
Land
Is it okay to pick plants?
Yes, you can pick fruits growing on someone else’s land but ONLY if it is growing wild.
