Theft And Other Offences Flashcards
Theft act 1968 section 1
A person is guilty of the offence if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it
Defences to dishonestly
- If he appropriates the property in the belief he has in law the right to deprive the other of it
- In the belief he would have the others consent if the other knew and the circs around it
- If he appropriates the property in the belief the person whom the property belongs to cannot be discovered by taking reasonable steps
Theft act 1968 section 4
PROPERTY
Property includes money - coins and banknotes.
Personal property - TV, sofas
A person who picks mushrooms growing wild on any land or picks flowers, fruit or foliage from a plant in the wild on any land does not STEAL unless they do it for a reward e.g sell them or other commercial purpose
Theft act 1968 section 5
BELONGING TO ANOTHER
property shall be regarded as belonging to any person having possession or control of it or having any proprietary right or interest as well as property subject to a trust
Theft act 1968
Section 3
Appropriates
Any assumption of the rights of an owner amounts to appropriation, and this includes where a person has come by the property (innocently or not), without stealing it, any later assumption of a right to it by keeping it or dealing with as an owner
PROPERTY IS NOT
W wild plants (unless taken for sale) or wild animals (unless animal has been or is in process of being reduced into captivity
H uman body however a body or body products ie urine can be stolen)
I information
L and
E electricity
Handling stolen goods
A person handles stolen goods if knowing or believing them to be stolen goods he dishonestly receives the goods, or dishonestly undertakes or assists in their retention, removal or disposal or realisation by or four the benefit of another person if he arranged to do so
