2 - Dishonesty Flashcards
Theft -
Act, Section and Definition
Theft Act 1968 s1(1):
A person is guilty of theft if he dishonestly appropriates property belonging to another, with the intention of permanently depriving the other of it.
Theft -
Points to Prove
- Dishonestly (s2) (R v Hayes 2015)
- Appropriates (s3)
- Property (s4) (R v Smith & others 2011)
- Belonging to another (s5)
- Intention to permanently deprive (s6)
Robbery -
Act, Section and Definition
Theft Act 1968 s8(1):
A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.
Robbery -
Points to Prove
- Stole property
- Just before/at the time of doing so
- In order to
- Used or caused fear of immediate force (R v Clouden 1987)
Burglary (1a) -
Act, Section and Definition
Theft Act 1968 s9(1)(a):
A person is guilty of burglary if he enters any building or part of a building as a trespasser with the intent to:
- Steal anything in the building or part of the building
- Inflict on any person therein any grievous bodily harm
- Do unlawful damage to the building or anything therein
Burglary (1a) -
Points to Prove
- Entered a building (Hudson vs CPS 2017)
- As a trespasser
- Has intent to…
- Steal/GBH/criminal damage (or attempts)
Burglary (1b) -
Act, Section and Definition
Theft Act 1968 s9(1)(b):
A person is guilty of burglary if having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or inflicts or attempts to inflict therein any grievous bodily harm.
Burglary (1b) -
Points to Prove
- Entered a building
- As a tresspasser (R v Chipunza 2021)
- Then steals/GBH (or attempts)
Aggravated Burglary -
Act, Section and Definition
Theft Act 1968 s10:
A person is guilty of aggravated burglary if he commits any burglary and at the time has with him any firearm or imitation firearm, any weapon of offence, or any explosive.
Aggravated Burglary -
Points to Prove
- Committed Burglary
- Had a WIFE (Weapon, Imitation Firearm, Firearm, Explosive) (R v Daubney 2000)
Taking a Conveyance without Owners Consent (TWOC) -
Act, Section and Definition
Theft Act 1968 s12(1):
A person shall be guilty of an offence if, without having the consent of the owner or other lawful authority, he takes any conveyance for his own or another person’s use, knowing it has been taken without authority, drives or allows himself to be carried in or on it.
Taking a Conveyance without Owners Consent (TWOC) -
Points to Prove
- Without relevant consent
- Took a conveyance (McKnight vs Davies 1974)
- To be used (R v Marchant & McAllister 1985)
Aggravated Vehicle Taking -
Act, Section and Definition
Theft Act 1968 s12(A):
A person is guilty of aggravated vehicle taking if he commits an offence under s12(1) and one of the following listed under s12(A)(2) occurred:
(a) that the vehicle was driven dangerously on a road or other public place;
(b) that, owing to the driving of the vehicle, an accident occurred by which injury was caused to any person;
(c) that, owing to the driving of the vehicle, an accident occurred by which damage was caused to any property, other than the vehicle;
(d) that damage was caused to the vehicle.
Aggravated Vehicle Taking -
Points to Prove
- Without relevant consent
- Took a conveyance
- To be used
- Was then driven dangerously or;
- Damage/injury was caused (R v Taylor 2016)
Dishonestly Abstracting Electricity -
Act, Section and Definition
Theft Act 1968 s13:
A person who uses without due authority, or dishonestly causes to be wasted or diverted, any electricity commits an offence.
