Theft - section 1 Theft Act 1968 Flashcards
When is someone not acting dishonestly?
If she had the lawful right to take the items (took the wrong coat from a cloakroom), He/she would have had the the owners consent if the owner had known the circumstances, the owner can not be discovered after taking reasonable steps.
When can a person be dishonest?
When they take an item even though they had an intention to pay for that item.
What does the case R v Ghosh help prove?
If, according to a reasonable person the person acted in a dishonest way.
What is meant by appropriation?
Assuming the rights of the owner by keeping or controlling its movements or obtaining property innocently and later keeping it and using it as her/his own
Is a person guilty of theft if they pay a fair price for a stolen item?
No as long as they bought it innocently.
What is meant by property in relation to theft?
Includes money, property, ideas, pets, real estate, plants, fungi growing wild (but only if they have been picked for sale or reward, tamed wild creatures, things in action - patents, copyrights and trademarks and tangible property
How can real estate be stolen?
By a trustee during a legal process, by other persons removing turf trees etc and by tenants removing fixtures and fittings.
What does belonging to a person mean?
There is a proprietary right or interest the owner of a computer that needs repair, the repairer and the temporary possession/control of the computer whilst at the repair shop.
What is meant by “intentionally depriving someone” of an item.
Lending or borrowing over an extended time scale or pawning an item.
How is this offence tried?
Either way
