Theft

Question 1

Act

Answer 1

Theft Act of 1968

Question 2

Definition

Answer 2

The dishonest appropriation of property belonging to another with intention to permanently deprive another of it

Question 3

Appropriation

Answer 3

Any assumption of the rights of the owner.
It does not need to be all the rights, just some

Question 4

Property

Answer 4

Property is defined as money and all other property real or personal, including things in action and other intangible property

Question 5

Things that cannot be stolen

Answer 5

Wild flowers and plant can not be stolen unless sold
Untamed creatures
Confidential property as in Oxford v Moss

Question 6

Belonging to another

Answer 6

Property shall be regarded as belonging to any person having possession or control of it, or having it in any proprietary right or interest

Question 7

Dishonest

Answer 7

Section 2 of the theft act does not define dishonesty but does outline situations which would be honest: believed they would have had the owner’s consent if they knew or the owner of the property can not be discovered through reasonable means)
The Ivey test (confirmed in Barton and Booth), asks 1) what was the state of the defendants knowledge or beliefs at the time, and 2) would the reaosnable, honest person see the defendants actions as dishonest.

Question 8

Intent to permanently deprive

Answer 8

it must be proven that the defendant had the intent to permanently deprive the victim
Borrowing is not theft, if the property is returned in the same condition