1B - Theft Flashcards Preview

OCR A-Level Law Paper 1 > 1B - Theft > Flashcards

Flashcards in 1B - Theft Deck (18)
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1
Q

What kind of offence is theft?

A

It’s a triable either way offence

2
Q

What is the sentencing of theft?

A

up to 7 years imprisonment

3
Q

How does s.1 Theft Act 1968 define theft?

A

‘a person is guilty fo theft is he dishonestly appropriate/s property belonging to another with the intention to permanently deprive the other of it’

4
Q

What is the actus reus of theft?

A

appropriating property belonging to another

5
Q

What is the mens rea of theft?

A

dishonestly and with the intention to permanently deprive

6
Q

Where is appropriation found in the Theft Act 1968 and how is it defined?

A

s.3 and ‘any assumption by a person of any (some or all) the rights of an owner amounts to appropriation’

7
Q

Property - real property

A

Refers to land and anything fixed to land

eg. houses and buildings, electrical cables, light fittings

8
Q

Property - personal property

A

Refers to physical/movable property other than land

eg. books, clothes, cars, wallets

9
Q

Property - things in action

A

Refers to a personal property that can only be claimed/or enforced by action, and not taking physical possession
eg. cheques, money in a bank account

10
Q

Property - intangible property

A

Refers to property that has no physical existence

eg. computer file, digital music

11
Q

Where is property found in the Theft Act 1968 and how is it defined?

A

s. 4 and ‘property includes money and all other property, real or personal, including things in action and other intangible property’

12
Q

Where is belonging to another found in the Theft Act 1968 and how is it defined?

A

s. 5 and ‘property shall be regarded as belonging to any person having possession or control of it/or having in it any proprietary interest or right’

13
Q

Where is dishonesty found in the Theft Act 1968?

A

s. 2

14
Q

What does s.2(1)(a) say about dishonesty?

A

A person will not be regarded as dishonest if he appropriates property, for himself or a third party, believing that he has a right in law to deprive the other of it

  • Holden
  • Robinson
15
Q

What does s.2(1)(b) say about dishonesty?

A

A person will not be considered dishonest if he takes property believing that the other would consent to it
s.2(2) ‘a person’s appropriation of property belonging to another may be dishonest that he is willing to pay for the property’

16
Q

What does s.2(1)(c) say about dishonesty?

A

A person will not be dishonest if he appropriates property belonging to another believing that the person to whom it belongs cannot be discerned by taking reasonable steps. But these are reasonable steps from the D’s viewpoint
- Small

17
Q

Where is intention to permanently deprive in the Theft Act 1968?

A

s.6

18
Q

What does s.6 Theft Act 1968 say?

A

A person has the intention to permanently deprive someone of something if:

(a) he decides to keep it, or
(b) he treats it as if it were his own, or
(c) he borrows it and deprives the owner of all its value