Theft Sections

Question 1

Section 1:
What is the definition of theft?

Answer 1

Guilty if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it

Question 2

Section 2 Theft Act:
Dishonest Definition (part A)

Answer 2

If he appropriates the property in belief that he has in law the right to deprive the other of it, on behalf of himself or of a third person:

Question 3

Section 2 Theft Act: Dishonest (Part b)

Answer 3

If he appropriates the property in the belief that he would have the other’s consent if the other new of the appropriation and circumstance of it

Question 4

Section 2 Theft Act: Dishonest (Part c)

Answer 4

(Except where the property came to him as a trustee or personal representative) if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps

Question 5

Section 2 Theft Act: Dishonest (Part 2)

Answer 5

A persons appropriation of property belonging to another may be dishonest notwithstanding that he is willing to pay for the property.

Question 6

Section 3 Theft Act: Appropriates (Part 1)

Answer 6

Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner.

Question 7

Section 3 Theft Act: Appropriates (Part 2)

Answer 7

Where property or a right or interest in property is or purports to be transferred for value to a person acting in good faith, no later assumption by him of rights which he believed himself to be acquiring shall, by reason of any defect in the transferor’s title, amount to theft of the property.

Question 8

Section 4 Theft Act: Property (Part 1)

Answer 8

“Property” includes money and all other property, real or personal, including things in action and other intangible property.

Question 9

Section 4 Theft Act: Property (Part 2)

Answer 9

A person cannot steal land, or things forming part of land and severed from it by him or by his directions, except in the following cases, that is to say—

Question 10

Section 4 Theft Act - Part 2a

Answer 10

(a)when he is a trustee or personal representative, or is authorised by power of attorney, or as liquidator of a company, or otherwise, to sell or dispose of land belonging to another, and he appropriates the land or anything forming part of it by dealing with it in breach of the confidence reposed in him; or

Question 11

Section 4 Theft Act- Part 2b

Answer 11

(b)when he is not in possession of the land and appropriates anything forming part of the land by severing it or causing it to be severed, or after it has been severed; or

Question 12

Section 4 Theft Act- Part 2c

Answer 12

(c)when, being in possession of the land under a tenancy, he appropriates the whole or part of any fixture or structure let to be used with the land.

Question 13

Section 4 Theft Act - Part 3

Answer 13

(3)A person who picks mushrooms growing wild on any land, or who picks flowers, fruit or foliage from a plant growing wild on any land, does not (although not in possession of the land) steal what he picks, unless he does it for reward or for sale or other commercial purpose.

Question 14

Section 4 Theft Act- Part 4

Answer 14

(4)Wild creatures, tamed or untamed, shall be regarded as property; but a person cannot steal a wild creature not tamed nor ordinarily kept in captivity, or the carcase of any such creature, unless either it has been reduced into possession by or on behalf of another person and possession of it has not since been lost or abandoned, or another person is in course of reducing it into possession.

Question 15

Section 5 Theft Act: Belonging to another Part 1

Answer 15

(1)Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest).

Question 16

Section 5 Theft Act: Belonging to another Part 2

Answer 16

(2)Where property is subject to a trust, the persons to whom it belongs shall be regarded as including any person having a right to enforce the trust, and an intention to defeat the trust shall be regarded accordingly as an intention to deprive of the property any person having that right.

Question 17

Section 5 Theft Act: Belonging to another Part 3

Answer 17

(3)Where a person receives property from or on account of another, and is under an obligation to the other to retain and deal with that property or its proceeds in a particular way, the property or proceeds shall be regarded (as against him) as belonging to the other.

Question 18

Section 5 Theft Act: Belonging to another Part 4

Answer 18

(4)Where a person gets property by another’s mistake, and is under an obligation to make restoration (in whole or in part) of the property or its proceeds or of the value thereof, then to the extent of that obligation the property or proceeds shall be regarded (as against him) as belonging to the person entitled to restoration, and an intention not to make restoration shall be regarded accordingly as an intention to deprive that person of the property or proceeds.

Question 19

Section 5 Theft Act: Belonging to another Part 5

Answer 19

(5)Property of a corporation sole shall be regarded as belonging to the corporation notwithstanding a vacancy in the corporation.

Question 20

Section 6 Theft Act- “With intention of permanently depriving the other of it” (Part 1)

Answer 20

(1)A person appropriating property belonging to another without meaning the other permanently to lose the thing itself is nevertheless to be regarded as having the intention of permanently depriving the other of it if his intention is to treat the thing as his own to dispose of regardless of the other’s rights; and a borrowing or lending of it may amount to so treating it if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.

Question 21

Section 6 Theft Act- “With intention of permanently depriving the other of it” (Part 2)

Answer 21

(2)Without prejudice to the generality of subsection (1) above, where a person, having possession or control (lawfully or not) of property belonging to another, parts with the property under a condition as to its return which he may not be able to perform, this (if done for purposes of his own and without the other’s authority) amounts to treating the property as his own to dispose of regardless of the other’s rights.