Theft Legislation Flashcards
What is the definition of Theft?
Theft is defined by section 1 TA 1968 asdishonestly appropriating property belonging to another with the intention of permanently depriving the other of it.
Shall NOT Be Dishonest
A- Believed he had a lawful right to take an item
B- He believed the owner would of consented
C - The owner couldn’t be found by taking reasonable steps
What is appropriates?
Assume the rights of the owner
- something that is not yours but claims as your own
Property can include?
Cash/ Vehicles/ food/music/copyright/an idea/electricity
Property does not include the 5 ‘Fs’. What are the 5 F’s
- Fungi
- Fruit
- Fauna
- Foliage
- Flowers
(WILD)
Unless-
1. Taken for reward or sale or other commercial purposes
2. Reduced into possession by or on behalf of another person(wild creatures, tamed or untamed)
Belonging to another definition
Property belongs to any person having
1. Ownership
2. Possession or control (Inc deliver)
3. Proprietary right or inerest e.g car hire/library etc
Shared ownership is civil matter
Permanently deprive definition? Think CARDS?
His intention is to treat the item as there own, dispose of regardless of others rights
C- Consuming
A - Abandoning
R- Retaining
D- Destroying
S- Selling
Or keeping it till it had no further use
What is abstracting electricity?
Abstracting electricity is a statutory offence of dishonestly using, wasting, or diverting electricity, covered by different legislation in England and Wales, Northern Ireland and the Republic of Ireland.
What is making off without payment? Or BILKING?
Making off without payment. It is an on the spot payment Like buying fuel/eating in a restaurant/using a taxi and dishonestly making off without payment.
These places usually have a clear indicator for payment, e.g signs, payment metre, or intended prosecution
Obtaining services by deception is?
Allowing somebody to conduct a job then not making payment e.g. plumber/electrician/ carpet cleaner.
