Theft Flashcards
s1 Theft Act 1968
e/w 7 yrs / 6 mths / fine
If def is spouse/civil partner need DPP consent unless decree nisi or no not cohabiting.
FPN for 1st time offenders for shoplifting < £100 (not substance misuser)
s176 ASB Crime and Policing Act 2014 - low value shoplifting (< £200 - sum of all offences charged with) = summary offence 6 mths / fine UNLESS >18 AND elects Crown Court trial.
Specifically can aid/abet low level shoplifting. Also carries power of arrest and power to search.
s2 theft act - Dishonesty is a matter of fact for the jury/Mags.
Honestly held belief can be MISTAKEN and does not have to be reasonable.
Other Person CONSENT must also be to the CIRCS.
If def leaves details or money to pay MAY not necessarily negate DISHONESTY.
Ghosh ruling:
Dishonesty involves ordinary standards of reasonable and honest people.
Did def realise he was dishonest by those standards.
Current standards:
Ascertain def state of mind re honestly held belief
then
test this against standards of ordinary decent people.
s3 Theft Act - Appropriation;
Assumes rights of owner
If innocently buy stolen car and refuse to hand it over when discover stolen, without more is NOT theft.
s4 Theft Act Property;
cannot steal land, things forming part of land unless;
-trustee/personal rep/power attorney- breaches
-severs fixtures, plants, topsoil etc
-tenants can steal structures/fixtures but not plants etc
Wild fruit, foliage, mushrooms, flowers can be picked if not for sale. if whole plant removed = theft.
identity is confidential info NOT property
Bodies (alive/dead) not property unless preserved eg for education.
Body fluids ARE property
Electricity NOT property
S5 Theft Act - belonging to another. Can steal own car from a garage.
Only need to show property belongs to another
so can steal abandoned golf balls!!
Must show property belonged to another at time of appropriation. eg cannot steal food if decide not to pay after meal.
s6 Theft Act - int perm deprive…Can steal persons property by pawning it as MAY not be able to pay for its return.
Int to perm deprive MUST be at same time of theft however as above if take w/out intention - can ascertain intent likely.
If someone ELSE mistaken provides account more money and fail to rectify = theft. If by your OWN mistake not theft.
KNOWING - Knows or is virtually certain
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