Theft

Question 0

Whas is dishonesty?

Answer 0

There is no statutory definition of dishonesty

Question 1

What is theft?

Answer 1

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.

Question 2

What is not dishonest?

Answer 2

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).

Question 3

What about willingness to pay?

Answer 3

A person may still be dishonest not withstanding their willingness to pay.

Question 4

Are gambling debts enforceable?

Answer 4

No

Question 5

For a defence in law what is the state of mind?

Answer 5

Belief

Question 6

Can a mistake be a defence?

Answer 6

If honestly held

Question 7

What if consent is not given?

Answer 7

Doesn’t matter it is the belief of the taker that matters.

Question 8

R V Ghosh states?

Answer 8

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.

Question 9

S.3 of the Theft Act talks about appropriation. What is that?

Answer 9

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.

Question 10

What happened in R v Gomez?

Answer 10

The ruling was that property even when given with consent or authority can still be appropriated in the circumstances.

Question 11

What happened in r v Lawrence?

Answer 11

Consent given to taking money from a wallet was still appropriation when too much money was taken.

Question 12

Is label swapping theft?

Answer 12

Yes an assumption of the owners rights along with the other factors of theft will be theft.

Question 13

What if you purchase goods for a reasonable price?

Answer 13

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.

Question 14

What is the maximum penalty for theft?

Answer 14

Seven years on indictment or six months/fine summarily.

Question 15

What is property?

Answer 15

Property includes money and all other property, real or personal including things in action and other intangible property.

Question 16

Can land be stolen?

Answer 16

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.

Question 17

What can you pick?

Answer 17

Anything growing wild on any land as long as it is not for reward or sale or other commercial purpose.

Question 18

Are animals property?

Answer 18

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.

Question 19

What are things in action?

Answer 19

Patents, trademarks copyright etc

Question 20

Can you steal an exam?

Answer 20

You can steal the paper but not the contents.

Question 21

What is intangible property?

Answer 21

Software, credit on smartcards

Question 22

Can a cheque be stolen?

Answer 22

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.

Question 23

Is poaching theft?

Answer 23

No

Question 24

Are domesticated animals property?

Answer 24

Always

Question 25

Can you steal a body?

Answer 25

No but you can steal body parts (process of alteration i.e amputation, dissection, preservation)

Question 26

What is belonging to another?

Answer 26

Belonging to any person having possession or control, or a proprietry right of interest.

Question 27

Can you steal money from a charitable tin?

Answer 27

Yes the moment it enters it is the charities.

Question 28

Can you steal a meal or fuel?

Answer 28

If the ownership has passed to another then it would not be belonging to another so alternative charges apply.

Question 29

What is the obligation regarding another’s property?

Answer 29

Where a person receives property from or on account of another, and is under obligation to the other to retain and deal with it or its proceeds in a particular way, the property or proceeds shall be regarded as belonging to another.

Question 30

Do we have an obligation to restore property by another’s mistake?

Answer 30

Yes and it is a legal obligation if the mistake was someone else’s other than the defendant

Question 31

What if a betting shop paid out too much money?

Answer 31

Gambling debts are not legally enforceable so no offences.

Question 32

What is the intention to permanently deprive?

Answer 32

To treat the thing as ones own to dispose of regardless of the others rights.

Question 33

What if I pawn property?

Answer 33

You are treating it as your own as their is a likelihood you will not be able to meet the conditions under which you parted with it.