***Theft Flashcards
What are the points to prove for theft?
A person is guilty of theft of they > Dishonestly > Appropriates > Property > Belonging to another > With intent to permanently deprive
What does Theft not include?
Foliage
Fruit
Fungi
Flowers
NOTE: Unless picked for reward. Sale or commercial purpose
When would a persons actions not be considered dishonest?
1) He/she had lawful right to take the item
2) He/she would have owners consent of circumstances known
3) The owner can not be discovered taking reasonable steps
NOTE: A persons actions may still be dishonest so if they are willing to pay
What offence type is Theft?
Either way
What is the legislation for Theft
s1 Theft Act 1968
What is the ‘GHOSH’ test of dishonesty?
1) Was it dishonest according to the standards of an ordinary person
2) Did the defendant realise it was dishonest by those standards
What is defined as ‘belonging to another’?
Property is regarded as belonging to any person having
a) possession of it
b) control of it
c) a proprietary right of interest
What is defined as ‘Appropriates’?
Any assumption by a person of the rights of the owner. This includes
a) where they came by the property innocent,y
b) they later assume the right by keeping it
c) dealing with it as if they owned it
What is B.R.E.A.K.S?
Breaks is a mnemonic how someone can be permanently deprived... Bury/destroyed Retain Eat/drink/consume Abandon Keep until useless Sell
What are the points to prove for ‘Abstracting Electricity’?
A person is guilty of an offence if he
> Dishonestly
> uses electricity without due authority
> causes it to be wasted or diverted
What offence type is Abstract Electricity?
Either way offence
What legislation is Abstract Electricity?
s13 THEFT ACT 1968
