Theft and Abstracting Electricity Flashcards
Define Section 1 Theft Act 1968
A person is guilty of theft if they dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it
What are the points to prove for Theft Act 1968?
Actus Reus - what they actually did
Mens Rea - mental element
What is Dishonesty?
Law - he believed he had a right by law to deprive the other of it for himself or another
Consent - he believes he would have the other’s consent if he know of the appropriation and it’s circumstances
Reasonable steps - he believes that the person whom it belongs cannot be discovered by taking reasonable steps
What case laws goes with the Theft Act (Dishonestly)?
R v Gosh 1982
Ivey v Genting Casinos 2017
What is Section 3 Theft Act 1968?
APPROPRIATION
Any assumption of the rights of the owner, including where he comes by the property innocently and laters deal with it as an owner
What is section 4 theft act 1968?
PROPERTY
Property includes money and all other property, real or personal.
What does property not include?
Wild creatures
Mushrooms
Flowers, fruit or foliage
Personal data
What is section 6 theft act 1968?
INTENTION TO PERMANENTLY DEPRIVE
Treating the property as their own regardless of the owner’s rights
Borrowing beyond the scope of agreed terms
Parting with property under a condition of return
What is section 5 theft act 1968?
BELONGING TO ANOTHER
Define Section 13 Theft Act 1968
A person is guilty of abstracting electricity when he or she dishonestly uses it without due authority or dishonestly causes it to be diverted or wasted