Theft (Theft offences - Core principles of criminal liability) Flashcards
(12 cards)
What are the five elements that must be proven for the offence of theft under Section 1 of the Theft Act 1968?
Dishonesty, appropriation, property, belonging to another, and intention to permanently deprive.
When is appropriation not considered dishonest according to Section 2 of the Theft Act 1968?
If the person believes they have a legal right to the property, believes the owner would consent, or believes the owner cannot be found after reasonable steps.
What does “appropriation” mean in the context of theft?
Assuming the rights of an owner, such as using, keeping, or treating the property as their own, even if obtained innocently.
Can a person be guilty of theft if they later decide to keep something taken by mistake?
Yes, appropriation can occur if a person knowingly retains property after discovering it was taken mistakenly.
What types of property are included under Section 4 of the Theft Act 1968?
Money, personal property, real property, things in action (e.g., bank funds), and intangible property (e.g., digital tokens).
What types of items cannot be stolen under the Theft Act 1968?
Wild animals, wild plants, electricity, and confidential information.
What does “belonging to another” mean under Section 5 of the Theft Act 1968?
Property belongs to anyone with possession, control, or any proprietary interest in it.
If a solicitor takes client funds from a client account dishonestly, can this be theft?
Yes, because the client retains a proprietary interest in the funds, even if held in the solicitor’s client account.
What does “intention to permanently deprive” mean under Section 6 of the Theft Act 1968?
Treating the property as one’s own to dispose of it, or borrowing it in such a way that it amounts to an outright taking.
Can borrowing ever amount to theft? If so, under what circumstances?
Yes, if the borrowing is for so long or in such circumstances that it amounts to an outright disposal.
What is the mode of trial and maximum penalty for theft?
Theft is an either-way offence, and the maximum penalty on indictment is 7 years’ imprisonment.
Why was a woman who walked out of a shop with an unpaid apple not guilty of theft, assuming her account was believed?
Because she lacked dishonesty—she genuinely intended to pay and forgot the apple was in her pocket.
