Theft Flashcards
Whas is dishonesty?
There is no statutory definition of dishonesty
What is theft?
Theft Act 1961 S.1 states that a person is guilty of theft if he dishonestly appropriates property belonging to another with the intention to permanently deprive the other of it.
What is not dishonest?
Appropriation of property in the belief that he has the right in law to deprive the other of it, on behalf of himself or a third person.
Appropriation of property in the belief that he would have the others consent if the other knew of the appropriation and the circumstances of it.
Appropriation of property in the belief that the person to whom it belongs cannot be discovered by taking reasonable steps. (unless they are a trustee or personal representative).
What about willingness to pay?
A person may still be dishonest not withstanding their willingness to pay.
Are gambling debts enforceable?
No
For a defence in law what is the state of mind?
Belief
Can a mistake be a defence?
If honestly held
What if consent is not given?
Doesn’t matter it is the belief of the taker that matters.
R V Ghosh states?
Whether according to the ordinary standards of reasonable and honest people, what was done was dishonest; and if it was
whether the defendant himself must have realised that what was done was dishonest by those standards.
S.3 of the Theft Act talks about appropriation. What is that?
An assumption by the person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner.
What happened in R v Gomez?
The ruling was that property even when given with consent or authority can still be appropriated in the circumstances.
What happened in r v Lawrence?
Consent given to taking money from a wallet was still appropriation when too much money was taken.
Is label swapping theft?
Yes an assumption of the owners rights along with the other factors of theft will be theft.
What if you purchase goods for a reasonable price?
Where property is or purports to be transferred for value to a person acting in good faith, no later assumption by him of rights which he believed himself to be acquiring shall amount to a theft.
What is the maximum penalty for theft?
Seven years on indictment or six months/fine summarily.
What is property?
Property includes money and all other property, real or personal including things in action and other intangible property.
Can land be stolen?
No you can not steal land or things forming part of land and severed from it by him or by his directions except -
when he is trustee or personal representative, or authorised by power of attorney, as liquidator of a company, or otherwise to sell or dispose of land belonging to another, and he appropriates the land or anything forming part of it by dealing with it in breach of the confidence reposed on him.
When he is not in possession of the land and appropriates anything forming part of the land by severing it or causing it to be severed, or after it has been severed.
When being in possession of the land under a tenancy, he appropriates the whole or part of any fixture or structure let to be used with the land.
What can you pick?
Anything growing wild on any land as long as it is not for reward or sale or other commercial purpose.
Are animals property?
Wild animals tamed or untamed are property, but you can not steal them unless they have been reduced (or are in the course of being reduced) into the possession by or on behalf of another person, and that possession has not since been lost or abandoned.
What are things in action?
Patents, trademarks copyright etc
Can you steal an exam?
You can steal the paper but not the contents.
What is intangible property?
Software, credit on smartcards
Can a cheque be stolen?
It is paper so yes, the bank account contents are a thing in action as long as they are in credit or an agreed overdraft limit.
Is poaching theft?
No
