Theft - criminal law test Flashcards
What is the legal definition of theft under the Theft Act 1968?
Theft is defined as ‘a person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.’
True or False: Theft requires the intention to permanently deprive the owner of their property.
True
Fill in the blank: The three key elements of theft are ________, appropriation, and intention to permanently deprive.
property
What is meant by ‘appropriation’ in the context of theft?
Appropriation refers to any assumption of the rights of the owner, such as taking, using, or dealing with the property.
Which section of the Theft Act 1968 outlines the definition of theft?
Section 1
Multiple Choice: Which of the following is NOT an element of theft? A) Dishonesty B) Appropriation C) Consent D) Intention to permanently deprive
C) Consent
What is the maximum penalty for theft under the Theft Act 1968?
The maximum penalty for theft is seven years imprisonment.
True or False: A person can be convicted of theft even if they intend to return the property.
False
What does ‘dishonestly’ mean in relation to theft?
‘Dishonestly’ refers to the lack of honesty in the person’s actions and can be determined based on the circumstances.
Fill in the blank: The term ‘_______’ refers to property that can be stolen.
property
What type of property can be considered for theft?
Any tangible or intangible property, including money, goods, and even services.
Multiple Choice: Which of the following actions would NOT constitute theft? A) Taking a bike without permission B) Borrowing a book with the intention of returning it C) Shoplifting D) Taking someone’s wallet
B) Borrowing a book with the intention of returning it
What is the significance of ‘intention to permanently deprive’ in theft?
It establishes that the offender intends to treat the property as their own to dispose of, rather than simply borrowing or using it temporarily.
True or False: A person can only be guilty of theft if they physically take an item.
False
What is the difference between theft and robbery?
Robbery involves the use of force or the threat of force during the theft, while theft does not.
Fill in the blank: The case of ________ established that appropriation can occur even if the property is not taken away.
Lawrence
In which case was it determined that dishonesty is judged by the standards of ordinary decent people?
Ghosh
What does ‘theft by finding’ refer to?
Theft by finding occurs when a person finds property and does not take reasonable steps to return it to its rightful owner.
Multiple Choice: Which of the following is an example of theft? A) Finding a wallet and returning it B) Taking a neighbor’s garden gnome without permission C) Borrowing a friend’s book D) Finding money on the ground and keeping it
B) Taking a neighbor’s garden gnome without permission
What is the role of ‘consent’ in theft?
Consent negates theft; if the owner consented to the appropriation, it cannot be theft.
True or False: A person can be charged with theft for taking their own property.
False
What does ‘mens rea’ refer to in the context of theft?
Mens rea refers to the mental state or intention of the person committing the theft, specifically the dishonesty and the intention to permanently deprive the owner.
Fill in the blank: The case of ________ clarified that a person can be guilty of theft even if they believed they had a right to the property.
Holden
What is the significance of the case of R v. Morris in understanding theft?
It established that appropriation occurs when a person assumes any of the rights of the owner.
