Theft and associated offences Flashcards
Define Theft.
A person is guilty of theft if they….
Dishonestly Appropriate Property Belonging to another With the intention of permanently depriving the other of it
What two elements needs to be proven for the offender to be found guilty of theft?
The act/actions of the person
Their intentions
A football is accidentally kicked in Mrs. Thompson’s garden for the 8th
time. The owner of the football asks for it back. Mrs. Thompson is annoyed
at the repeated interruptions so says to the owner, “No, I know the law, it’s on
my land and I’ve a right to keep it.”
Mrs. Thompson is wrong in her statement; she obviously does not know the
law because she has no such right. She would not be guilty of theft, but why?
Her actions were not ‘dishonest’ as she had an ‘genuine held beleif’ that she had the right to keep the ball.
A friend gives you a stolen book as a present. A week later you find out about
the theft. You decide to keep it and say nothing. You came by the book
innocently and without stealing it. Is this theft?
Yes. You have assumed the right of an owner
although you know it belongs to someone else - you have ‘appropriated’ the book.
Property will always belong to its owner. The theft act states that “property is
regarded as belonging to any person having:
Possession
Control
Proprietary right or interest
Sometimes, establishing a thiefs intention can only be proven by questioning them. Joe is fed up of his neighbours loud music being played in the back garden. Joe decides to take the speakers to stop his neighbour from playing the music anymore. The police are called by the neighbour and when officers asked Joe what his intention was, he stated he was going to “throw the speakers in the bin”. Considering the definition of theft (the five fingers), what was Joe’s intention?
His intention was to permanently deprive the other
What necessity criteria could you consider for an arrest of theft?
L of COPPLANED - Prevent Loss or Damage to Property
What is the difference between theft and burglary?
Theft means taking someone’s property but does not involve the use of force. Burglary means illegally entering a property in order to steal property from it.
What is the difference between theft and robbery?
Put very simply, someone is guilty of robbery if he steals from a person using force or makes them think force will be used. Theft means taking someone’s property but does not involve the use of force
What section of the theft act is Robbery?
Section 8 Theft Act 1968
A person enters a building or a part of a building as a tresspasser with intent to ‘S.I.D’ (‘Steal’/’Inflict’ GBH/do unlawful ‘Damage’ to the building or anything inside it) What section would they be arrested under?
Section 9 (1) (a)
Having entered a building or a part of a building and the tresspasser commits I.S (‘‘Inflicts’ GBH/Steals anythin in or part of the building) What section would they be arrested under?
Section 9 (1) (b)
