Exam 1: Legislation Flashcards
What is the definiton of theft?
Dihonestly appropriating property belonging to another with the intention of permanently depriving another of it.
What are the main points to prove in a case of theft?
Dishonesty, appropriation, property, belonging to another and permanently depriving.
What are the three lawful defences to dishonesty in a theft?
- Right to deprive by law
- Owner would consent if they knew of the circumstances
- Owner could not be discovered by reasonable steps
What 4 F’s are not included in the Theft act?
Flowers, Fruit, Fungi and Foliage
If someones honestly comes upon a large sumof money and decides to keep it, are they committing theft?
Yes, they have not taken reasonable steps to return it.
What are the 6 examples of the intention to permantly deprive?
Retaining, consuming, selling, destroying, abandoning and keeping until no further use.
What is the definition of Going Equipped to Steal?
When not at his place of abode, has with him any article for use in the course or connection with BURGLARY or THEFT.
Why is Going Equipped to Steal easier to prove than Attempted Theft?
Attempted theft has to prove an act is more than merely preparatory.
GETS is preparatory, all that is required is proof that article was to be used for the purpose of a future crime.
What are the 3 points to prove for Going Equipped to Steal?
- Place of abode
- Knowledge of existence
- Has with him
What is the definiton of Section 9 (1.A) of the Theft Act 1968? (Burglary)
A person who enters a building or part of a builiding as a trespasser with intent to Steal, Inflict GBH and/or Criminal Damage
What is the definiton of Section 9 (1.B) of the Theft Act 1968? (Burglary)
A person who having entered a builiding or part of a builiding as a trespasser, stealing or inflicting/attempting to inflict grievous bodily harm.
Which section of Burglary relates to the ‘Intent at the time of entry’?
Section 9 (1.a): having entered as a trespasser, stealing or inflicting/attempting to inflict grievous bodily harm.
Which section of Burglary relates to the ‘behaviour once inside the builidng’
Section 9 (1.b): A person who having entered a builiding or part of a builiding as a trespasser, stealing or inflicting/attempting to inflict grievous bodily harm.
What does NOT consitute a builiding in relation to Burglary?
A structure that is not permenant and does not endure for a considerable amount of time e.g. tent, bus shelter, car port.
Must be a dwelling (inhabited building), so does not include cars/caravans/motorhomes that are not lived in.
What are the 3 ways that are legally defined as entering a builing in a Burglary?
In person: inserting any part of the body
Tool/article/instrument: Extension of burglars arm
Innocent agent/blameless accomplice: children etc.
Does a burglar need to be aware of the fact that they are tresspassing?
Yes, must be aware that they are not allowed in the area they have tresspassed into. Establish mens rea.
What are the 4 ways a burglar can gain entry by deception?
- Distraction
- Crossing demarcation
- Exceeding general consent
- Entering for purpose other than the intended purpose
What is the definiton of Aggravated Burglary?
Committed by any person who commits burglary and at the time has with them any:
- Weapon of Offence
- Imitation Firearm
- Firearm
- Explosive
What is the defintion of Criminal Damage?
A person who without lawful excuse DESTROYS or DAMAGES any property belonging to ANOTHER, intending to destroy or damage any such property, or being RECKLESS as to whether any such property would be destroyed or damaged.
What are the 3 points to prove for Criminal Damage?
- Lawful excuse: believed permission and protection of life
- Intending: Deliberate
- Reckless: disregard of risk and possible result
What is a transferance of malice in regards to Criminal Damage?
The mens rea of one offence can be transferred to another.
If a person has a malicious intent to damage X and, in carrying out that intent, damages Y, he is guilty of Criminal Damage.
MUST be a like for like transferrence.
What is the definiton of Aggravated Criminal Damage?
Property that has been destroyed or damaged with the aggravating factor being that life is endangered by the destruction or damage to the property, or being reckless as to whether life would thereby be endangered.
What is the definiton of criminal attempts?
If with intent to commit an offence a person does an act which is more than merely preparatory to the commission of the offence.
Must prove intent to commit crime and more than prepartory.
Does common assault have to result in injuries?
No, Common assault is when a person inflicts violence on someone else or makes them think they are going to be attacked. It does not have to involve physical violence.
