Theft

Question 1

What is Theft charged under?

Answer 1

s.1 Theft Act 1968

Question 2

What does section 1 of the Theft Act state?

Answer 2

s1 - dishonest appropriation of property belonging to another with intention to deprive the other of it

Question 3

What does section 3 of the Theft Act state?

Answer 3

s3 - appropriation - assuming the rights of an owner with or without consent (Pitham v Hehl and Gomez)

Question 4

What does section 4 of the Theft Act state?

Answer 4

s4 - property - can be tangible or intangible, wild animals and flowers aren’t regarded as property

Question 5

What does section 5 of the Theft Act state?

Answer 5

s5 - belonging to another - ownership, possession or control, obligation under s.5 (3) Davidge v Bunnet

Question 6

What does section 2 of the Theft Act state?

Answer 6

Dishonesty

Question 7

What does s.2 (a) state?

Answer 7

d not dishonest if they honestly believe they have a legal right to the property (Turner No.2)

Question 8

What does s.2 (b) state?

Answer 8

d not dishonest if they honestly believe owner would consent (Holden)

Question 9

What does s.2 (c) state?

Answer 9

d not dishonest if they honestly believe owner cannot be found having taken reasonable steps (Small)

Question 10

What does section 6 of the Theft Act state?

Answer 10

s6 - intention to permanently deprive (Velumyl)

Question 11

What test should the jury use if the none of the factors apply?

Answer 11

Ghosh test (reasonable person test)