Theft Flashcards
Quote for If a person is guilty of theft
Dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it
How many points do u need to prove someone is guilty of theft
5
What is the first point u need to prove someone is guilty of theft
Dishonestly
What is the second point u need to prove someone is guilty of theft
Appropriates
What is the third point u need to prove someone is guilty of theft
Property
What is the fourth point u need to prove someone is guilty of theft
Belonging to another
What is the fith point u need to prove someone is guilty of theft
İntention of permanently depriving the other of it
What year was theft act made
1968
What kind of offence is theft
Either way offence
What is an either way offence
Can go to either magistrates or crown court
What offence goes to magistrates
Summary
What offence goes to crown court
İndictment
What is the first reason someone can not be dishonest if they appropriate property
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
What is the second reason someone can not be dishonest if they appropriate property
İf they believe that if the owner knew of the appropriation and circumstances of it the owner would consent
What is the third reason someone can not be dishonest if they appropriate property
İf they believe that the owner cannot be discovered by taking reasonable steps
1st type of appropriation
Any assumption by a person of the rights of the owner (item not returned)
2nd type of appropriation
Coming by property without stealing it (theft by finding)
3rd type of appropriation
Assume right to property by keeping it (mistakenly taken)
What does property include
- Money
- real
- personal
- wild creatures
What does property not include
- Mushrooms
- Fruits
- Flowers
- Foliage.
Unless picked for sale or commercial purpose
What are the 3 ways a person can have possession of something with examples
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)
6 types of intentions to permanently deprive
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
Describe process of a theft over £5000
- either way offence
- CPS decision only
- Digital recorded interview
describe process of theft of value of £200 - £5000
- Either way offence
- Police decision irrespective of plea
- digital recorder interview
What type of offence is shop lifting of value under £200
Summary offence
What can happen with shoplifter taking value under £200
Can elect trial at crown court then digital recorded interview
What kind of offence is shop lifting under £100
Summary
What 2 things can happen with shoplifting of value under £100
1) can elect trial at court then digital interview
2) can interview on contenporous notes away from police station
What are contenporous notes
Write a question and record the answer
