Theft Flashcards
1
Q
What are the five elements that make up the definition of “Theft”?
A
DISHONESTLY - APPROPIATES - PROPERTY - BELONGING TO ANOTHER - with the intention of - PERMANTLY DEPRIVING - the other of it
2
Q
What could be defences to “Dishonestly”? (Theft)
A
- If he has the belief that the property is his
- He appropriates the property if he believes he has consent
3
Q
What are the two Latin elements that make up a crime? And what are their definitions?
A
Mens Rea - the mental intent of committing a crime
Actus Rea - the conduction of an offence
4
Q
What is an example of intangible property?
A
Software, licenses, patents etc .. (anything that is not physical)
5
Q
What can the “intention of depriving the other of it” mean?
A
- treating the thing as his own to dispose of
- borrowing or lending over an extended timescale
- Having possession or control of property belonging to another and returning it where the performance or condition is different
