Theft and Abstracting Electricity

Question 1

Define Section 1 Theft Act 1968

Answer 1

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

Question 2

What are the points to prove for Theft Act 1968?

Answer 2

Actus Reus - what they actually did

Mens Rea - mental element

Question 3

What is Dishonesty?

Answer 3

Law - he believed he had a right by law to deprive the other of it for himself or another

Consent - he believes he would have the other’s consent if he know of the appropriation and it’s circumstances

Reasonable steps - he believes that the person whom it belongs cannot be discovered by taking reasonable steps

Question 4

What case laws goes with the Theft Act (Dishonestly)?

Answer 4

R v Gosh 1982

Ivey v Genting Casinos 2017

Question 5

What is Section 3 Theft Act 1968?

Answer 5

APPROPRIATION

Any assumption of the rights of the owner, including where he comes by the property innocently and laters deal with it as an owner

Question 6

What is section 4 theft act 1968?

Answer 6

PROPERTY

Property includes money and all other property, real or personal.

Question 7

What does property not include?

Answer 7

Wild creatures

Mushrooms

Flowers, fruit or foliage

Personal data

Question 8

What is section 6 theft act 1968?

Answer 8

INTENTION TO PERMANENTLY DEPRIVE

Treating the property as their own regardless of the owner’s rights

Borrowing beyond the scope of agreed terms

Parting with property under a condition of return

Question 9

What is section 5 theft act 1968?

Answer 9

BELONGING TO ANOTHER

Question 10

Define Section 13 Theft Act 1968

Answer 10

A person is guilty of abstracting electricity when he or she dishonestly uses it without due authority or dishonestly causes it to be diverted or wasted