Theft Act Flashcards
What year was the Theft Act created?
1968
What are the 5 fingers of Theft?
Dishonestly
Appropriates
Property
Belonging to another
With the intention to permanently deprive
When is a person not dishonest about taking an item that is not theirs?
- Belief he has the lawful right to deprive for himself or another
- Belief he would have consent to take
- Belief he cannot find the original owner and has taken reasonable steps to return
If a person dishonestly takes property but provides payment, would this be theft?
Yes - payment does not mean consent
With regard to theft, what is meant by ‘property’?
Money or
all other property
tangible or not
not including land
Does a person who picks wild mushrooms and berries commit theft?
No
Unless
They do so for sale or other commercial purposes
A person takes a wild pig kept in captivity by a local farmer. Has that person committed theft?
Yes
The pig was ordinarily kept in captivity
A person takes a wild rabbit he found on a farmers land which is not ordinarily kept in captivity. Do they commit theft?
No
The rabbit is wild and not ordinarily kept in captivity
What is robbery?
When someone steals something and uses force before or during the theft or seeks to put the person in fear of being subjected to force
What type of offence is robbery and what is the maximum sentence?
Robbery is an indictable offense liable to life imprisonment
What is burglary?
- Enters as a trespasser
- With the intent to steal
OR
- Having entered as a trespasser
- Attempts/Steals anything within
OR
- Attempts/Inflicts GBH on anyone within
OR
- Does unlawful damage to property
What is type of offense is burglary and what is the max sentence?
Indictable offense
- *Dwelling**: 14 years
- *Anywhere** else: 10 years
What would make a burglary aggravated?
Burglary with a WIFE
Weapon of offense
Imitation weapon
Firearm
Explosives
What type of offense is aggravated burglary and what is the max sentence?
Indictable offense
Life imprisonment
What does TWOC stand for?
Taking without consent
