Theft

Question 1

Definition of theft

Answer 1

A person is guilty of theft if he or she dishonestly appropriates property belonging to another, with intention or permanently depriving the other of it.

Question 2

What type of offence is theft and what is the maximum sentence?

Answer 2

Either-way, 7 years

Question 3

Define dishonesty in terms of theft

Answer 3

• They don’t believe they a right to the property
• They don’t believe they would receive consent
• They make no reasonable attempt to find the owner

Question 4

Define appropriates in terms of theft

Answer 4

• Treat the property as their own - assuming the rights of the owner.
• Applies from the moment they realise it doesn’t actually belong to them.

Question 5

Define belonging to another in terms of theft

Answer 5

• Whoever has control of the property at the time it was taken
• receive property by mistake and do not attempt to return it
• More than one person - e.g. garage conducting repairs & owner - car ‘belongs’ to both parties as garage has control of it.

Question 6

Define permanently depriving in terms of theft

Answer 6

• To treat as their own
• Destroying
• Retaining e.g. ransom
• Consuming
• Keeping until of no further use
• Abandoning where owner unlikely to recover

Question 7

What is the test for dishonesty?

Answer 7

Ivey v Genting casinos

Question 8

What section of the theft Act does handling stolen goods fall under?

Answer 8

22