Criminal Law - Introduction to theft
- Created by: Alasdair
- Created on: 19-11-20 15:30
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- 1. Introduction to theft
- What could be theft?
- Subject to defendant's state of mind or mens rea each time, many scenarios could potentially amount to theft.
- Theft can encompass a wide variety of types of behaviour
- How does the law define theft?
- 1(1) of the Theft Act 1958 (TA 1968)
- Many of its concepts have an impact on other property offences.
- 'A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and 'theft' and 'steal' shall be construed accordingly.'
- 'either way' offence
- Carries max. penalty of seven years' imprisonment
- Offence of theft can involve consideration of number of aspects of civil law.
- e.g. theft usually involves taking something from someone, be it pickpocket taking your wallet/purse from your pocket, shoplifter taking tins of good off supermarket shelf, or art thief taking a valuable oil painting
- In these situations there is no disputing fact that thief does not own goods.
- e.g. theft usually involves taking something from someone, be it pickpocket taking your wallet/purse from your pocket, shoplifter taking tins of good off supermarket shelf, or art thief taking a valuable oil painting
- Sometimes questions of wh owns property and when ownership passed to someone else can be critical
- Therefore, sometimes civil law needed to explain criminal law
- 1(1) of the Theft Act 1958 (TA 1968)
- Components of Theft
- Actus reus
- appropriation, property and belonging to another.
- Mens rea
- Dishonesty and intention permanently to deprive
- When considering liability of theft, it is important to ensure all five elements are present and all present at the same time
- if one or more is missing offence is not committed
- e.g. a person who assumes ownership of a piece of his neighbour's garden is not guilty of theft because land is generally not within definition of property under s 4 of TA 1968
- As soon as all five elements are present at same time, offence is complete
- e.g. a person who assumes ownership of a piece of his neighbour's garden is not guilty of theft because land is generally not within definition of property under s 4 of TA 1968
- if one or more is missing offence is not committed
- Sections 2 to 6 of TA 1968 gives guidance on interpretation of each element of offence of theft
- Actus reus
- What could be theft?
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