Theft
A person is guilty of theft if he or she dishonestly appropriates property belonging to another, with the intention of permanently depriving the other of it. The Theft Act NI 1969, as amended, modernises the law of theft, dishonesty and stealing, repealing the pre-existing legislation on larceny, which focused on the physical removal of goods and things. It recasts the law generally in relation to testing dishonesty in a more modern format.
The legislation expands and defines each element of the above definition, which is of key importance. Theft is subject to a maximum of 10 years. It is and indicatable offence, but it may be and usually is, tried summarily.
It is not dishonest if a person takes property for themselves or a third party, believing that they have a legal right to take it. It is not dishonest to take property belonging to another, believing that if the other knew about it in the circumstances, the other would have consented.
It is not dishonest where a person other than the trustee or personal representative takes possession of property, believing that, even by taking reasonable steps, the owner could not be discovered.
It is a matter for the court to determine if a person has acted dishonestly. The fact that a person may be willing to pay for goods does not render the taking honest.
Appropriate refer to assuming the rights of an owner over property. This can include physical taking. It also covers where property is received and the recipient later assumes rights by keeping it or dealing with it as if they were the owner.
Where a person acquires property for value and assumes ownership, it is not theft not because the person who transferred it had no entitlement to do so. The property may nonetheless be recoverable by the true owner in a civil case.
Property includes money and all land movable property and intangible property. Flowers plants and fruit are capable of being stolen. So too are wild creatures, tamed or untamed. However, a wild creature not tamed or ordinarily kept in captivity, or its carcass cannot be stolen unless it has been taken into possession by another, and possession has not been given up or is in the process of being taken into possession and such possession has not been given up.
Lands and fixtures are not generally capable of being stolen. However, a trustee, personal representative, or person in an equivalent role who sell or disposes of property, or anything attached to it in breach of duty this constitutes theft.
Similarly, where a person who is not in possession of land appropriates part of the land by severing things from it, or a person or tenant appropriates part of a fixture or structure let for use with the land, this may constitute theft.
The property must belong to another . This may be a person who owns it or has possession or control over it. In the case of property held in trust, the person entitled to assert a beneficial interest is owner, and an intention to break that trust is an intention to deprive the owner of the property.
Where a person receives property on behalf of another and is under an obligation to retain and , deal with it for that other or its proceeds, the property or its proceeds belong to that owner.
The intention to deprive the owner of the property is an necessary mental element of the crime.
The appropriation of property belonging to another without intending for them to lose it permanently may constitute permanent deprivation of the property, if the person appropriating intends to treat it as their own and disposes of it regardless of the other’s rights.
Borrowing or lending the property may amount to appropriation of it, it is for a period or in circumstances amounting to outright disposal, where a person has possession or control of someone else’s property, and for his own purpose without the other’s permission, lends it to a third person, with unachievable conditions for its return, it may amount to theft. This may include pawning property in circumstances where they are not able to redeem it.
Possession means a right to use property without necessarily having ownership. It may be actual in the case of physical possession or constructive in the case of property under one’s control, such as in a home or vehicle. Control means having the power to use and manage property without any title to it.
What constitutes dishonesty is assessed in accordance with the ordinary standards of reasonable and honest people. For example, causing or encouraging a person who is naïve and gullible to hand over large sums of money may be deemed dishonest. Taking bags of donated items outside a charity shop may also be deemed dishonest and thereby theft.
Persons must have a legal, as opposed to a moral, right to deprive the owner of the property. Consent obtained by fraud, deception, or false representation is a dishonest appropriation and is not valid.
The removal of an article from a public display is an offence under the Act. The offence arises when a person, without lawful authority, removes from a building or its grounds to which the public has access to view a building or a collection, the whole or any part of an article displayed or kept for display to the public.
The offence arises irrespective of whether the article is valuable or not. The offence does not require an intent to permanently deprive the owner of the article concerned. It is subject to a maximum of 6 months imprisonment or a fine not exceeding the statutory maximum on summary conviction and r up to 5 years imprisonment or an fine on indictment.