Podcast
Questions and Answers
What is the primary source of legislation related to theft?
What is the primary source of legislation related to theft?
- Theft Act (NI) 1969 (correct)
- Fraud Act 2006
- Public Order Act 1986
- Criminal Justice Act 1988
Which of the following is NOT considered a form of theft?
Which of the following is NOT considered a form of theft?
- Robbery
- Burglary
- Shoplifting
- Assault (correct)
According to Section 1 of the Theft Act (NI) 1969, what intention must a person have to be guilty of theft?
According to Section 1 of the Theft Act (NI) 1969, what intention must a person have to be guilty of theft?
- To dishonestly lease the property
- To permanently deprive the owner of property (correct)
- To return the property after use
- To temporarily destitute the owner
Dishonesty is defined in the Theft Act (NI) 1969 as a lack of definition. What section specifies circumstances where a person is not considered dishonest?
Dishonesty is defined in the Theft Act (NI) 1969 as a lack of definition. What section specifies circumstances where a person is not considered dishonest?
Which of the following statements best describes robbery?
Which of the following statements best describes robbery?
Which of the following is an example of burglary as defined in the context of theft?
Which of the following is an example of burglary as defined in the context of theft?
What is the most common type of crime encountered by police officers according to the material?
What is the most common type of crime encountered by police officers according to the material?
Which of the following scenarios constitutes shoplifting?
Which of the following scenarios constitutes shoplifting?
Under what condition is a person not considered to be acting dishonestly when taking an item?
Under what condition is a person not considered to be acting dishonestly when taking an item?
What is required for a person to not be considered acting dishonestly regarding the owner's consent?
What is required for a person to not be considered acting dishonestly regarding the owner's consent?
In which case might a person be treated as dishonest even if they intended to pay for the item?
In which case might a person be treated as dishonest even if they intended to pay for the item?
What was the primary change in the test for dishonesty as concluded in Ivey v Genting Casinos (UK) Ltd 2017?
What was the primary change in the test for dishonesty as concluded in Ivey v Genting Casinos (UK) Ltd 2017?
What does appropriation involve according to the Theft Act (NI) 1969?
What does appropriation involve according to the Theft Act (NI) 1969?
To determine if a defendant acted dishonestly, what two elements must be established?
To determine if a defendant acted dishonestly, what two elements must be established?
Under what circumstance can an innocent purchaser avoid committing theft?
Under what circumstance can an innocent purchaser avoid committing theft?
In determining dishonesty, what does the court need to establish about the defendant's belief or knowledge?
In determining dishonesty, what does the court need to establish about the defendant's belief or knowledge?
Which case law predominantly influenced the shift from the Ghosh test for dishonesty?
Which case law predominantly influenced the shift from the Ghosh test for dishonesty?
Which of the following types of property cannot be stolen under the Theft Act (NI) 1969?
Which of the following types of property cannot be stolen under the Theft Act (NI) 1969?
According to the Theft Act (NI) 1969, which scenario would NOT qualify as appropriation?
According to the Theft Act (NI) 1969, which scenario would NOT qualify as appropriation?
What is the role of the magistrates or jury in determining dishonesty?
What is the role of the magistrates or jury in determining dishonesty?
What type of property includes things like patents and copyrights?
What type of property includes things like patents and copyrights?
Which of the following is a requirement for stealing real property?
Which of the following is a requirement for stealing real property?
Which statement correctly describes intangible property according to the Theft Act (NI) 1969?
Which statement correctly describes intangible property according to the Theft Act (NI) 1969?
What defines the ownership of stolen property according to the Theft Act (NI) 1969?
What defines the ownership of stolen property according to the Theft Act (NI) 1969?
What is the legal status of electricity regarding theft?
What is the legal status of electricity regarding theft?
According to the Theft Act (NI) 1969, which of the following can define property that belongs to another?
According to the Theft Act (NI) 1969, which of the following can define property that belongs to another?
How is the intention to permanently deprive someone's property demonstrated?
How is the intention to permanently deprive someone's property demonstrated?
What is the maximum penalty for theft when tried on indictment under the Theft Act (NI) 1969?
What is the maximum penalty for theft when tried on indictment under the Theft Act (NI) 1969?
What power of arrest is most commonly used by police in Northern Ireland?
What power of arrest is most commonly used by police in Northern Ireland?
What is the consequence of pawning an item that belongs to someone else?
What is the consequence of pawning an item that belongs to someone else?
Under what circumstances can property be seized by police according to PACE?
Under what circumstances can property be seized by police according to PACE?
What constitutes a theft-related offence according to Section 13 of the Theft Act (NI) 1969?
What constitutes a theft-related offence according to Section 13 of the Theft Act (NI) 1969?
Study Notes
Theft
- One of the most common crimes, theft is governed by Sections 1-6 of the Theft Act (NI) 1969.
Key Aspects of Theft
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Dishonesty: Although not formally defined, Section 2 of the Theft Act (NI) 1969 clarifies situations where a person is not considered dishonest. This includes taking property believing it's lawful, acting with assumed owner consent, or when the owner is undiscoverable by reasonable methods.
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Appropriation: The Act defines appropriation as assuming the rights of an owner - this can include keeping, moving, or obtaining property innocently but later keeping it.
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Property: Includes money, personal property, real estate, things in action, wild plants (if picked for commercial purposes), wild creatures (if tamed or reduced to property). Electricity cannot be stolen.
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Belonging to another: Property "belongs to another" when someone has a proprietary right or interest, possession, or control of the property.
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Intention to permanently deprive: This is satisfied when a person treats another person's property as their own. Examples include borrowing for an extended period, pawning an item.
Legal Consequences of Theft
- Theft is triable either way, meaning it can be dealt with summarily or on indictment.
- The maximum sentence for theft is ten years imprisonment, while a summary conviction can lead to six months imprisonment and/or a fine.
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Description
This quiz covers key aspects of theft as governed by the Theft Act (NI) 1969. It includes essential concepts such as dishonesty, appropriation, and property definitions. Understand how these elements play a crucial role in legal definitions of theft.
