Theft Flashcards

1
Q

Quote for If a person is guilty of theft

A

Dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it

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2
Q

How many points do u need to prove someone is guilty of theft

A

5

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3
Q

What is the first point u need to prove someone is guilty of theft

A

Dishonestly

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4
Q

What is the second point u need to prove someone is guilty of theft

A

Appropriates

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5
Q

What is the third point u need to prove someone is guilty of theft

A

Property

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6
Q

What is the fourth point u need to prove someone is guilty of theft

A

Belonging to another

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7
Q

What is the fith point u need to prove someone is guilty of theft

A

İntention of permanently depriving the other of it

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8
Q

What year was theft act made

A

1968

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9
Q

What kind of offence is theft

A

Either way offence

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10
Q

What is an either way offence

A

Can go to either magistrates or crown court

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11
Q

What offence goes to magistrates

A

Summary

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12
Q

What offence goes to crown court

A

İndictment

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13
Q

What is the first reason someone can not be dishonest if they appropriate property

A

1) they have the belief that they have a right in law to deprive the other of it on behalf of himself or a third person

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14
Q

What is the second reason someone can not be dishonest if they appropriate property

A

İf they believe that if the owner knew of the appropriation and circumstances of it the owner would consent

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15
Q

What is the third reason someone can not be dishonest if they appropriate property

A

İf they believe that the owner cannot be discovered by taking reasonable steps

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16
Q

1st type of appropriation

A

Any assumption by a person of the rights of the owner (item not returned)

17
Q

2nd type of appropriation

A

Coming by property without stealing it (theft by finding)

18
Q

3rd type of appropriation

A

Assume right to property by keeping it (mistakenly taken)

19
Q

What does property include

A
  • Money
  • real
  • personal
  • wild creatures
20
Q

What does property not include

A
  • Mushrooms
  • Fruits
  • Flowers
  • Foliage.

Unless picked for sale or commercial purpose

21
Q

What are the 3 ways a person can have possession of something with examples

A

1) possession of it (TV in rented flat)
2) control of it (delivery person)
3) A proprietary right or interest (car in garage for repairs)

22
Q

6 types of intentions to permanently deprive

A

1) retaining the property
2) Consuming the property
3) Selling the property
4) Destroying the property
5) Abandoning the property where the owner is unlikely to recover it
6) keeping property until it is of no further use

23
Q

Describe process of a theft over £5000

A
  • either way offence
  • CPS decision only
  • Digital recorded interview
24
Q

describe process of theft of value of £200 - £5000

A
  • Either way offence
  • Police decision irrespective of plea
  • digital recorder interview
25
Q

What type of offence is shop lifting of value under £200

A

Summary offence

26
Q

What can happen with shoplifter taking value under £200

A

Can elect trial at crown court then digital recorded interview

27
Q

What kind of offence is shop lifting under £100

A

Summary

28
Q

What 2 things can happen with shoplifting of value under £100

A

1) can elect trial at court then digital interview

2) can interview on contenporous notes away from police station

29
Q

What are contenporous notes

A

Write a question and record the answer