Theft and Abstracting Electricity Flashcards

1
Q

Define Section 1 Theft Act 1968

A

A person is guilty of theft if they dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it

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2
Q

What are the points to prove for Theft Act 1968?

A

Actus Reus - what they actually did

Mens Rea - mental element

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3
Q

What is Dishonesty?

A

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

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4
Q

What case laws goes with the Theft Act (Dishonestly)?

A

R v Gosh 1982

Ivey v Genting Casinos 2017

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5
Q

What is Section 3 Theft Act 1968?

A

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

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6
Q

What is section 4 theft act 1968?

A

PROPERTY

Property includes money and all other property, real or personal.

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7
Q

What does property not include?

A

Wild creatures

Mushrooms

Flowers, fruit or foliage

Personal data

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8
Q

What is section 6 theft act 1968?

A

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

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9
Q

What is section 5 theft act 1968?

A

BELONGING TO ANOTHER

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10
Q

Define Section 13 Theft Act 1968

A

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

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