Theft Flashcards
What are the essential elements?
Appropriation of property (taking/finding/other conduct e.g. Keeping a hire car)
Was felonious (criminal/dishonest/no permission)
Intent to deprive the owner (even temporarily)
Property belonged to someone else
Define theft
A crime at common law and is the taking and appropriating of property without consent of the rightful owner or lawful authority
In order to be stolen what must something be?
Belonging to someone else
Be a physical thing
Be able to be moved.
Something that has never been own cannot be stolen.
What powers exist for theft?
Common law power of arrest.
Power to seize productions
What does the doctrine of recent possession imply?
That theft can be proved if the
property was stolen, shortly after
was discovered in the accused’s possession,
they have no reasonable excuse for having it,
and there are other incriminating circumstances.
What is clandestine possession?
Secretly taking property and using it, knowing that if they had asked permission would not have been given
What aggravations exist for theft?
Housebreaking Opening a lock fast place Trust (position of) Previous Convictions Vulnerable victim or item of value
What are the essential elements of housebreaking?
Overcome the security
Appropriation of property (even temporarily)
Intent to deprive the owner.
What is a hotel?
A house with lockfast places. However if rooms are broken into through window then they are houses
(Through window= theft hb, through door = theft olp)
Define a house
Any dwelling house or other roofed building, finished or unfinished, or any part of a building used as a separate dwelling which is secured against intrusion by unauthorised persons.
What modes of entry exist?
Force Overcoming the lock (breaking or using tool) Stolen key Found key Unauthorised use of key in possession Window Unusual opening (chimney) Trickery e.g. Ringing bell then rushing past, while inside tampering with things and then returning, an employee leaving a door unlocked for someone.
When is theft through a window not theft hb?
If window is open on a ground floor such that it doesn’t need to opened further, and item is removed by leaning in.
What are the essential elements of theft olp?
Overcome security of a lockfast place (before property is taken)
Taken property,
Intent to deprive owner.
What is a lockfast place?
Any rooms, cupboards, desks, drawers, safes, showcases or other receptacles, the contents of which are secured by a locking device.
