Theft Flashcards
What offence type is Theft?
Either way
What are the points to prove for Theft?
> Dishonestly > Appropriates > Property > Belonging to another > With intent to permanently deprive
What is “dishonestly” defined as?
It is not dishonest if…
a) a person believes they had a right in law to take the item
b) the persons believes the owner would have consented had they known th circumstances of the theft
c) reasonable steps were taken to locate the owner
What is “appropriates” defined as?
Appropriation of property includes where they came by the property innocently, or not, without stealing
What is property?
Property is an item which is real or intangible
It does not include Fruit, Foliage, Flowers and Fungi unless for reward or sale
If flowers are cultivated and picked = theft
If a plant is growing wild and it is uprooted = theft
What “belonging to another” defined as?
A person who has or control of the property or a proprietary right of interest
What defines “to permanently deprive”?
The mnemonic B.R.E.A.K.S
Bury / destroy Retain Eat / drink / consume Appropriates Keep until useless Sell
What is the “GHOSH” test of dishonesty?
1) was dishonest according to the standards of an ordinary person
2) did the defendant realise it was dishonest by those standards
What is the legislation for theft?
s1 Theft Act 1968
