Theft Act Flashcards
1
Q
What are the points to prove for theft?
The 5 Pillars of theft
A
- Dishonestly
- Appropriates
- Property
- Belonging to another
- With the intention of permanently depriving the other of it
2
Q
In theft, when is an appropriation by a person not dishonest?
A
- They believed they had a legal right to do so
- They believed the other person would have consented had they known the circumstances
- They took reasonable steps to find the person whom it belonged to
3
Q
Do animals count as property?
A
Only is they are belonging to someone (tamed or not).
Wild animals cannot be stolen unless kept in captivity
4
Q
Can wild flowers and mushrooms be stolen?
A
No, unless they are being picked and collected for commercial gain (to sell)
5
Q
What is the defence for theft?
A
It must be proved that ANY of the 5 Pillars is not present for the case to fail as the offence is therefore not complete
