Unit 4 Lesson 5.1 - Theft Flashcards
Define theft?
A crime at common law, and is the taking or appropriating of property without the consent of the rightful owner or lawful authority
What are the essential elements of theft?
1) There was appropriation of the property
2) The taking was felonious
3) There was intent to deprive the owner
4) The property belonged to another
What can be stolen?
In order for something to be stolen it must:-
1) Belong to someone else and
2) Be a physical thing and
3) Be able to be moved
What is s60 of the Civic Government (Scotland) Act 1982
Where a constable has reasonable grounds to suspect that a person is in possession of any stolen property, a constable may, without warrant
- search that person or anything in their possession and detain them for as long as is necessary for the purpose of search
- enter and search any vehicle or vessel where the constable suspects that the stolen property may be found and for that purpose require the person in control of that vehicle or vessel to stop and keep it stopped
- enter and search any premises occupied by a second hand dealer or metal dealer for the purpose of their business
- seize and detain anything found in the course of such search which appears to be stolen or be evidence to the commission of theft
What is the power of arrest for theft?
Crime at common law, it is punishable by imprisonment.
S1 gives power of arrest.
But consider giving a RPW if appropriate.
The cost of the stolen property, effects to the victim, vulnerability of both victim and offender, recovery of property and locus are all factors that could impact decision.
What is the doctrine of recent possession?
In limited circumstances theft may be proved against the accused by showing that:-
1) The property was stolen
2) shortly thereafter it was traced to the physical or constructive possession of the accused and
3) there is no reasonable explanation of such possession given
4) there are other incriminating circumstances
