Theft Act Key Phrases

Question 1

What does Mens Rea mean?

Answer 1

Guilty Mind

Question 2

Can Land be stolen?

Answer 2

No. However, if it’s dug up without permission it then becomes theft.

Question 3

Can cultivated plants be stolen?

Answer 3

Yes

Question 4

Can plants and mushrooms growing in the wild be stolen?

Answer 4

No, unless picked for commercial gain, then it could be theft.

Question 5

If a thief steals jewellery with the intention of returning it to the owner, but only if a reward is paid. Does this constitute theft?

Answer 5

Yes, if the reward is refused then the thief would not return the jewellery. Therefore the intention is to ‘permanently deprive’.

Question 6

What is the definition of theft as per Section 1the Theft Act 1968?

Answer 6

A person is guilty of theft if they dishonestly appropriates property from another with the intention to permanently depriving the other of it.

Question 7

What are the 5 Pillars of theft?

Answer 7

Property
Appropriates
Dishonestly
Belongs to another
Intent to permanently deprive

Question 8

What could act would constitute the Intention to permanently deprive?

Answer 8

Burn / Destroy / Hold to Ransom / Throw away / Hide where the owner is unlikely to find it.

Question 9

What is the Act (actus reas) of theft?

Answer 9

Appropriates
Property
Belonging to another

Question 10

What are the 3 elements of theft we must establish in order to prove an offence?

Answer 10

1. Property in existence
2. Owner has lost possession
3. Accused may reasonably be suspected of taking it.