Theft

Question 1

Section 1(1) Theft Act 1968

Answer 1

A person is guilty of theft if he or she dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.

Either way offence

Question 2

Explian Dishonesty (Sec 2) Theft Act 1968

Answer 2

R v Gosch & Ivey vs Genting casinos
What a reasonable person would deem as dishonest.
3 justifications.
1. Right in law to deprive the other of it.
2. Honest held belief would have the others consent
3. The person has taken reasonable steps to find the owner.

Question 3

Appropriates (Sec 3) Theft Act 1968

Answer 3

Any assumption by a person of the rights of an owner (keeping, destroying or selling items)

Question 4

Property (Sec 4) Theft Act 1968

Answer 4

Can include money and all other property, real or personal, including things in action and other intangible property, wild creatures tamed or untamed that are normally kept in captivity.

Question 5

What is not property under Sec 4 Theft Act 1968

Answer 5

Wild creatures other than kept in captivity, mushrooms growing wild on any land, flowers fruit or foliage unless picked for commercial purposes or reward.

Question 6

Belonging to another (Sec 5) Theft Act 1968

Answer 6

Must belong to someone other than the person appropriating it. If the owner intends to throw it away and not intending to pass owners rights onto someone else - then it has no owner.

Question 7

Intention to permanently deprive the other of it (Sec 6) Theft Act 1968

Answer 7

Intends to treat the thing as their own regardless of others rights. Borrowing it or lending may amount to permanently depriving only if the circumstances makes it equivalent to an outright taking (E.g - eating something, breaking it, burying or destroying after being lent object)

Question 8

Abstracitng electricity S13

Answer 8

A person commits an offence under S13 of the theft act if he or she dishonestly uses without due authority or causes to be wasted or diverted any electricity

Either way