Theft Flashcards
What kind of offence is theft?
Triable-either-way.
What is the maximum sentence for theft?
7 years.
Where is theft defined?
Section 1 of the Theft Act 1968.
What is the definition of theft?
D dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.
What is the actus reus?
The appropriation of property belonging to another.
Where is appropriation defined?
Section 3 of the Theft Act 1968.
What is the definition of appropriation?
Any assumption of ownership of the rights of the owner.
What are the rights of an owner?
- Lending.
- Using.
- Damaging.
What was held in R v Gomez?
Appropriation occurs the moment you assume one of the rights of the owner.
What was held in R v Morris and Anderton?
D only needs to assume one of the rights.
What was held in R v Lawrence?
Even if the owner consents to the appropriation it can amount to appropriation.
Where is property defined?
Section 4 of the Theft Act 1968.
What is included in the definition of property?
- Money.
- Real property.
- Personal property.
Where is belonging to another defined?
Section 5 of the Theft Act 1968.
What is included in the definition of belonging to another?
Those who are in possession or control of the property.
What does Section 5(4) of the Theft Act 1968 state?
If you recieve property by mistake you must return it.
What does Section 5(3) of the Theft Act 1968 state?
If you have an obligation to deal with money in a particular way then you must do so.
What is the mens rea?
- Dishonesty.
- Intent to permanently deprive the other of it.
How dishonesty tested?
With the Ivey Test.
What is the Ivey Test?
“Is D dishonest by the standards of a reasonable and honest person?”
