Theft

Question 1

Define the offence of Theft under Section 1, Theft Act 1968

Answer 1

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

Question 2

Explain the points to prove for the offence of Theft.

Also known as the 5 fingers of Theft

Answer 2

• Dishonestly
• Appropriates
• Property
• Belonging to another
• With intent to permanently deprive

Question 3

What does the term ‘appropriates’ mean?

Answer 3

A person having come by property innocently or not and without stealing it, later assumes any rights to it, by keeping it or treating it as their own

Question 4

State the Legislation relating to appropriates

Answer 4

Section 3(1), Theft Act 1968

Question 5

Identify the 3 elements of ‘belonging to another’

Answer 5

• Having custody or control over it
• Having in it, any proprietary right/interest
• Having a charge on it

Question 6

Explain the term ‘permanently deprive’

Answer 6

Treat the thing as their own including, retain, consume, sell, destroy, render useless, abandom property

Question 7

A persons actions should not be regarded as dishonest if….?

Answer 7

• They had a right in law for them of another
• If the owner knew of the circumstances and the appropriation, they would consent
• The ‘real’ owner cannot be discovered by taking reasonable steps

Question 8

Define the term Abstracting Electricity under Section 13, Theft Act 1968

Answer 8

When he/she dishonestly uses it without due authority or dishonestly causes it to be diverted or wasted.