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criminal law
property offences
theft
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daisy rands
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Cards (21)
What is the definition of theft according to Section 1 (1) Theft Act 1968?
A person is guilty if he dishonestly appropriates property belonging to another with the intention permanently depriving the other of it
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What does 'appropriation' mean in the context of theft?
Assumption of the
rights
of an
owner
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Which actions can be considered as appropriation?
Selling, destroying, possessing, or using
property
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Can theft occur with the owner's consent?
Yes
, it
can
occur
even
with consent
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What types of property are included in the definition of property?
Money, all other property (real or personal), intangible property
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What are examples of non-physical property?
Bank accounts, insurance policies,
copyrights
, crypto
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Can wild mushrooms or fruits be stolen?
No
, they cannot be stolen unless they’re sold on for a reward
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What is the rule regarding wild animals and theft?
Cannot steal unless they are
tamed
or kept
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Can information be stolen according to Oxford v Moss?
No
, information
cannot
be stolen
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How is property regarded as belonging to another person?
Possession or
proprietary
right of interest
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What is the significance of possession in theft?
Possession indicates control over the
property
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What is the maximum sentence for theft?
7 years
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What is the mens rea for theft?
Dishonesty
and intention to
permanently
deprive
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Is there a legal definition of dishonesty?
No
,
there is no legal
definition
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When is a person not considered dishonest?
If they believe they have the right to
deprive
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What belief can exempt a person from being dishonest?
Belief
that the
owner
cannot be discovered
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What does 'intention to permanently deprive' mean in theft?
Intending to treat
property
as one's
own
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Is replacing money later considered permanent deprivation?
Yes
, it is still considered
permanent deprivation
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What is the key factor in determining 'disposal' of property?
Whether the owner’s
approval
was obtained
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When is borrowing considered intention to permanently deprive?
If all the goodness virtue and practical value has gone from the article
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What is the significance of looking for something to steal?
It shows
intent
to steal
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