Theft & Abstracting Electricity

Question 1

What does Actus Reas mean?

Answer 1

What they did
Actus –> Act

Question 2

What does Mens Reas mean?

Answer 2

Mental element
Mens –> Mental

Question 3

Dishonesty
What does Right by Law mean?

Answer 3

He believed he had the right in law to deprive the other of it for himself or another

Question 4

Quick fact

Answer 4

In theft it comes down to their:
● Belief
● What they genuinely believed

Question 5

Briefly, what was R v GHOSH?

Answer 5

A consultant at a hospital falsely claimed money off patients for surgeries he didn’t do

Question 6

Briefly, what was Ivey v Genting?

Answer 6

A professional poker play was caught cheating (card edging)

● His conduct was dishonest

Question 7

Can you steal Gas and Electricity?

Answer 7

No,
You can only steal Gas
• Electricity is abstracted

Question 8

What is Real Property?

Answer 8

This includes:
• Land
• Buildings occupying land
• The rights to use the land

Question 9

What is Personal Property?

Answer 9

Property that an be physically transferred and is not permanently attached to the land.

E.g. clothing, furniture, tools…

Question 10

What is Sect 6 Theft Act?

Answer 10

3 situations:

• Treating property as their own
• Borrowing beyond the agreed terms
• Parting with property under a condition of return (selling it)

Question 11

What section is Abstracting Electricity?

Answer 11

Section 13 Theft Act 1968

Question 12

Define the Theft Act 1968

Answer 12

A person is guilty of theft is someone dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it

Question 13

Define Abstracting Electricity
Sect 13 Theft Act 1968

Answer 13

A person is guilty of Abstracting Electricity when he or she dishonestly uses it without due authority or dishoneslty cause it to be diverted or wasted

Question 14

What section of theft is T.W.O.C?

Answer 14

Section 12

Question 15

Define section 12 of the Theft Act (T.W.O.C)

Answer 15

• Without the consent of the owner he or other lawfull authority
• He takes any conveyance for his or another’s use
• Or knowing that any conveyance has been taken without such authority, he drives it or allows himself to be carried in or on it

Question 16

What is section 22 of the Theft Act?

Answer 16

Handling stolen goods

• Knowing or believing them to be stolen goods he dishonestly receives the goods
• Or dishonestly undertakes or assists in their retention, removal, disposal

Question 17

What is Section 25 Theft Act?

Answer 17

Going Euipped

• When not at his place of abode, he has with him any article
• For use in the course of or in connection with any burglary or theft

Question 18

What is section 3 of the Theft Act 1978?
(Technically fraud)

Answer 18

Making Off Without Payment

• Somone knows that payment on the spot is required from them for goods supplied
• Or a service done for them, but that person dishonestly makes off without having paid