Theft and Reset Flashcards
What is theft?
The appropriation of any item of corporeal, moveable property which is in the ownership of another person, without the owners consent and with the intention of depriving the owner of that property permanently, temporarily or indefinitely
What is the mens Rea of theft?
Intention to deprive
OR
Intention to appropriate
What is the actus reus of theft?
Appropriation of property belonging to another without consent
What are the four components of theft?
Appropriation
Property
Belonging to another
Lack of consent
What is appropriation?
The dishonest taking possession of a thing and carrying it away
What case shows appropriation?
John Smith
Found items and money in road and a notebook had the name of the owner and accused charged with theft
He had taken them for his own use and purpose
What is fundamental for theft?
The owner must be deprived of ownership
What type of property can be stolen?
Corporeal, moveable property
Can you steal your own property?
Not in Scotland but can in England
Can property that is not owned be stolen?
No
IS there a defence?
Defence is possible if there is belief that property belonged to the accused
Can theft occur with consent?
NO
Lack of consent is essential for theft
Can incorporeal property be stolen?
NO
What is reset?
Taki f or retaining possession of stolen goods knowing them to be stolen with the intention of keeping them from the owner
What is the actus reus for reset?
Accuses must revive or retain property and take possession
Property must be acquired by theft, robbery, fraud or embezzlement
