Theft

What does Actus Reus mean

Guilty act

What is the Actus Reus of theft?

Appropriation of property that belongs to somebody else

What does Mens Rea stand for

Guilty Mind

What is the Mens Rea of theft

Intention to permanently deprive

When is a person not guilty under s.2?

If the genuinely believe they had the legal right

If they believed that the owner would have consented

If the believe the owner could not be found after reasonable steps taken

Does the suspect needs to realise they were dishonest

No.

What is appropriation

Assuming the right of owner

What counts as property under theft

Money, bank accounts, land products, cultivated plants, copyrights and intangible property

What does not count as property

Information and electricity

When can picking wild plants count as theft

When they are picked for sale, reward or commercial use

When does taking a wild animal count as theft?

If they are normally kept in captivity (zoos)

If they are already reduced into possession

Does ownership or possession matter more

Possession

Can you steal your own property?

Yes.

Can abandoned property be stolen

No.

What shows intention to permanently deprive

Keeping, selling, destroying or consuming

Is ‘ill give it back’ a valid defence

No.

Is theft an either-way offence

Yes

What is the maximum threshold for low-value shoplifting?

£200

How is low-value shoplifting usually dealt with

Summarily

Can a defendant still elect Crown Court trial

Yes

Can electricity be stolen?

No, as it is not property (it is another crime but it does not count as theft)

What are some examples of Abstracting electricity?

Meter bypassing, diverting supply, wasting electricity

Does entering premises solely to abstract electricity count as burglary

No.