Week 3 - The Theft Act

Which of the following make up part of Section 1 of the Theft Act?

• Dishonestly, Possession, Belonging to Another

• Property, Belonging to another,

  Intention to permanently disguise

• Dishonestly, Property, Belonging to another

• Appropriates, Property,

  With intention to permanently disguise

Considering defences under the Theft Act, which of the following is not a defence therefore could be considered dishonest? (Defences to dishonesty)

• Taking reasonable steps to ascertain an owner

• Had previously had possession of a similar item.

• Believed the owner would have consented

• Has a right in law to possess

Elmer goes to his local Jeweller’s intending to steal a watch.  While Mr Jones the shops assistant’s back is turned, Elmer quickly grabs a watch from a display near the door and puts it in his pocket.

Elmer then goes to leave, but notices the store has CCTV, and as he has previous convictions for theft he decides to pay for the watch. He pays for the watch and then leaves.  Does Elmer commit an offence of theft?

• Yes, the offence is complete when the watch is taken from the display

• No, this would only constitute a preparatory act for an attempt theft.

• Yes, the offence is complete when he puts the watch in his pocket.

• No, there would be no offence as the watch was lawfully paid for.

A wild flower hunt is taking place in Shenstone Park, the object of the competition is to find the prettiest daisy in order to press and make into book marks. However, Jemima really can’t be bothered, she sees that Ted has managed to collect quite a few, she also sees that Ted has a rather rare book on pressing flowers.  When Ted goes for lunch, Jemima takes Ted’s book intending just to borrow it, however she sees that it is a first edition and then decides to keep it.  Ted comes back, packs up and goes home without noticing that his book has been stolen.

            Do the actions of Jemima amount to the offence of theft?

• No, because Ted didn’t notice it had been stolen

• Yes, the offence is complete when Jemima decides to keep the book.

• No, because Jemima didn’t intend to originally keep it.

• Yes, Jemima committed theft when she first took the book.

1.     Jolson borrows Peter’s car with Peter’s permission while Jolson’s car is being repaired at his local garage Jolson and Peter have a big argument, Jolson decides not to return the car, he decides to sell it and advertises it for sale in the local newspaper. He tells Peter that the car has been stolen. Jolson sells the car to Sears saying that he has lost the car’s documents, Sears however is suspicious and does an HPI check and finds that the car is stolen, he reports it and the car is eventually returned to Peter. Peter doesn’t want the car and takes it to the breakers yard. 

At what point does Jolson commit the offence of theft, Contrary to Section 1 of the Theft Act 1968? 

• When Jolson decides not to return the car to Peter.

• Jolson doesn’t commit theft because Peter didn’t want it when it was returned

• When Jolson advertises the car for sale.

• When Jolson tells Peter the car is stolen.

1.     Curry gives Heyes a limited-edition Petit Prince Mont Blanc fountain pen as a birthday present and a very happy Heyes starts to use the pen. Later Heyes is watching a crime programme and realises that his pen is one of a batch which has been stolen from Selfridges in a smash and grab. He tells Curry who admits he bought the pen from eBay but was unaware it was stolen. Curry is horrified at the fact that it is stolen and tells Heyes that he will ring the police.  Heyes is worried that Curry will get into trouble so Heyes lies and tells Curry that he will ring the police but instead decides to get rid of the pen. He then offers it as a raffle price on a charity website.

            At what stage, if at all, does Curry commit the offence of theft, Contrary to S1 Theft Act 1968?

• When Heyes receives the pen.

• When Curry bought it from eBay

• Curry does not commit any offence.

• When it is raffled by Heyes.

Is someone who steals his neighbour's pet pigeon guilty of theft ?

• No, because it is a wild animal

• Yes, because it belongs to someone

A person picks wild blackberries, makes jam and then sells it at the local fete.  Is this an offence?

• No, as the blackberries are wild

• No, as the money is going to charity

• Yes, as its theft

• Yes, as its criminal damage

A person borrows a book from a library.  The due date passes and they do not realise.  As soon as they notice the book is overdue, they realise they can't be bothered to take it back and keep it.  They then put it back on their bookshelf. 

At what point have they committed theft?

• When they put the book back on their shelf

• When they decide to keep it

• When the due date passes

• None of the above

Maddie likes to pick flowers for her Mum on the way home from school.  Today she picked a daffodil growing on the side of the road.  Has she committed theft?

• Yes, as the flower cannot grow again

• No, because it is growing wild

• Yes, as she did not have permission to do so

• No, because th flower can grow back