Theft Flashcards
List the essential elements of theft
For a theft to have occurred, it must be established that:
There was appropriation of the property
The taking was felonious
There was intent to deprive the owner
The property belonged to another
What can be stolen?
In order for something to be stolen it must
Belong to someone else and
Be physical thing
And be able to be moved
Define theft
This is a crime at common law and is the taking and appropriating of property without the consent of the rightful owner or other lawful authority
Explain the doctrine of recent possession
In limited circumstances theft maybe proved against the accused showing that
The property was stolen and
Shortly thereafter it was traced to the physical or constructive possession of the accused
There is no reasonable explanation of such possession given
There are other incriminating circumstances
Explain Clandestine possession
Clandestinely position involves someone secretly taking possession of and using the property belonging to another in the knowledge that they had not and would not be given permission to do so
What is violating sepulchres?
Once buried the removal and subsequent appropriation of a dead body becomes the common law crime of violating sepulchres
State the aggravations of theft
Theft by housebreaking
Theft by opening a lockfast place
Theft of articles of value
Theft by people in a position of trust
Previous convictions
Theft from a vulnerable person
Theft of mail
List the essential elements of theft by housebreaking
There must be
an overcoming of the security of the house
unauthorised appropriation of property from within the house
intent to deprive the owner
Give some examples of a lock fast place
A locked room within the house
A locked ships cabin
A locked safe
A locked drawer
A locked desk
A locked box
A locked cash box
A locked display case
A locked motor-vehicle
