Basic definition of theft

Question 1

under what piece of legislation can this be found?

Answer 1

S1 Theft Act 1968

Question 2

what type of offence is this?

Answer 2

either-way

Question 3

what is the max sentence?

Answer 3

7 years imprisonment

Question 4

what is the definition of theft?

Answer 4

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

Question 5

what is the AR for theft?

Answer 5

appropriation of property belonging to another

Question 6

what is the MR for theft?

Answer 6

dishonesty with an intention to deprive

Question 7

what are some examples of ‘appropriate’?

Answer 7

this has a wide scope. It can include keeping property given to them, stealing, dealing

Question 8

when can land be stolen?

Answer 8

Land can only be stolen:
* By a trustee in breach of trust;
* By D taking something severed/severing something from land they don’t own (i.e. a carrot); or
* By a tenant taking something fixed to the land

Question 9

give some examples of things that cannot be stolen

Answer 9

• Electricity
• Confidential information
• Mushrooms, flowers, fruit, foliage on wild land unless D intends to sell them
• Wild animals unless it has been tamed/kept in captivity or captured (i.e. snared rabbit) and someone else takes it

Question 10

explain ‘belonging to another’

Answer 10

another owns/has control (i.e. D could steal their own property if someone else was in control of it)

Question 11

what is the position in relation to abandoned property? Give an example.

Answer 11

D cannot be guilty if property is genuinely abandoned. Hard to prove i.e. taking out of date food = theft.

Question 12

how is it established whether D was dishonest?

Answer 12

1. Satisfied if clear dishonesty. If not:
2. Schedule 2 categories. If n/a:
3. Ivey test

Question 13

explain the Schedule 2 categories and how these are examined

Answer 13

conduct will not be dishonest if:
 D has the right to the property;
 Owner would have consented; or
 D took reasonable steps (subj.) to find owner & couldn’t

D will raise this & P will need to disprove BARD

Question 14

what is the Ivey test?

Answer 14

 What was D’s actual knowledge/belief (subjective)?
 Was their conduct honest/dishonest (objective)?

Question 15

give an example of clear dishonesty

Answer 15

D will be dishonest even if they were willing to pay

Question 16

when will D ‘intentionally deprive’ another?

Answer 16

 They treat the property as their own
 They borrow the property which results in loss of property value/utility (borrowing and return in same condition = no theft)
 They part with property on conditions they may not be able to perform (i.e. pawning the property)

Question 17

what is the difficulty with theft cases? Give an example

Answer 17

MR & AR need to coincide.

Problematic for food and petrol cases:
o Get petrol/eat food (AR) afterwards realise wallet at home and leave (MR) = no theft
o No intention to pay + get petrol/eat food (AR&MR) = theft