Theft Flashcards
(12 cards)
IS theft Summary or indictable
indictable - eitherway
What is the definition of theft
A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and ‘thief’ and ‘steal’ shall be construed accordingly.
What does s. 4 of the Theft Act 1968 relate to?
S.4 defines property, Property includes money and all other property, real or personal, including things in action and other intangible property.
What does s. 6 of the Theft Act 1968 relate to?
defines: ‘with the intention of permanently depriving the other’
If a person cannot be shown to have acted ‘dishonestly’, he/she is not guilty of theft.
True/ False
True
The decision as to whether or not a defendant was in fact dishonest is one for the jury or magistrates.
True / False
True
There is a statutory definition of ‘dishonesty’.
True/ False
False
ORPWOOD is owed £100 by his employer. Without the permission of his employer but honestly believing he has a legal right to do so, ORPWOOD takes £100 from his employer’s petty cash box.
Is ORPWOOD dishonest?
Not dishonest,
honestly thought he had the Legal right
GAFFNEY is a cinema manager who needs £30 to repair his car. He takes £30 as an advance on his salary from the cinema till. He knows that he does not have a legal right to do so, but believes that the cinema owner would consent if he knew about the taking and the circumstances.
Is GAFFNEY dishonest?
Not dishonest,
He honestly thought he would have consent to Appropriate.
BRUNTON finds a football season ticket with TAYLOR’s details printed in it. Although BRUNTON realises that he could easily find TAYLOR and return the ticket to him, he keeps it because he honestly believes that he has a legal right to do so.
Is BRUNTON dishonest?
Not dishonest,
honestly thought he had the Legal right
ALLEN is a shoplifter who is arrested for theft. He has £20 in his pocket and states that he is willing to pay for the goods he has taken.
Is ALLEN dishonest?
This could be dishonest