Theft Act 1968 Flashcards
what is the definition of Theft
Section 1 Theft Act 1968
dishonestly appropriate property belonging to another with the intention to permanently deprive the other of it.
Dishonesty Test
no statutory definition of dishonesty
Ivey V Genting Casinos 2017 is case law it is a two part test
1) the actual state of the individual’s knowledge or belief as to the facts.
2)dishonesty by the standards of ordinary people
types of property
Real property - fences, building, fixtures etc.
personal property - bought given etc.
Intangible property - does not have physical substance
land as a whole cannot be stolen
types of property
Real property - fences, building, fixtures etc.
personal property - bought given etc.
Intangible property - does not have physical substance
land as a whole cannot be stolen
Section 4 Theft Act 1968
belonging to another
Section 5
Property belongs to someone who has either a
1)Proprietary interest
2)possession
3)control
interest.
Intention to permanently deprive
Section 6 theft act 1968
Defines 3 situations to which this applies
1. Treating property as their own regardless of owners’ rights
2. Borrowing beyond the scope of the agreed terms
3. Parting with property under a condition of return
Abstracting electricity
Section 13 Theft act 1968
abstracting electricity when they dishonestly use it without due authority or dishonestly causes it to be diverted or wasted
Define robbery
Section 8 Theft Act 1968
steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.
For the fear element either the victim or someone else present must fear the perpetrators actions however they must understand fear. The fear must be against a person DOES NOT INCLUDE PROPERTY
Define Burglary under subsection a
Section 9(1)(a) theft act 1968
A person is guilty of burglary if he enters a building or part of a building as a trespasser with intent to steal something therein or inflict GBH on any person there is OR damage any property therein
remember S I D
define burglary under subsection B
Section 9(1)(b) theft act 1968
A person is guilty of burglary if having entered a building or part of a building as a trespasser they go on to
- Steal or attempt to steal anything therein
- Inflict or attempt to inflict GBH on any person therein.
remember it just I S
Define entry under Burglary
crossed the boundary deliberately and not accidental
A person will be deemed to have entered by crossing a boundary if their entry is effective. R V Brown 1985
define trespasser under Burglary
If a person
- Knowingly or recklessly cross the boundary without either
o Consent to do so (implied or expressed)
o Right by law
R V Smith – entering a premise outside the scope of the consent.
define Section 10 Theft Act
Section 10 of the theft act 1968
A person is guilty of aggravated burglary if he commits any burglary and at the time has with him a WIFE
W – Weapon of offence
I – any Imitation firearm
F – Firearm
E – Explosive
define Handling Stolen Goods
Theft act handles stolen goods if other than during the stealing they know or believe they are stolen and dishonestly receives the goods or dishonestly undertakes or assists in their retention removal disposal or realisation for the benefit of another person or themselves
Theft act 1968 Section 22
going equipped
Section 25 Theft act 1968
when not in abode they have with them any article for use in the course of or in connect with burglary or theft.
