Going Equipped Flashcards
What section of law does ‘going equipped’ come under?
Section 25 Theft Act 1968
What type of offence is it?
Triable either way
Does ‘place of abode’ have to be a house?
No, it could include a caravan or motor
vehicle. However, a vehicle cannot be regarded as a place of abode unless
parked at a site where the defendant abides or intends to abide.
What can be examples of ‘has with him’?
- Carrying with him
- In his vehicle
- In same place as him and under his
immediate control
What does ‘any article’ mean?
Can be any object that can be used in the course of , or in connection with , any….
Burglary or Theft. DOES NOT HAVE TO BE MADE OF ADAPTED!
What two points are for ‘Intended for use in connection with’
- Must be evidence of intent to use it in the commission of Burglary or Theft (includes TWOC)
- Not necessary to prove that a person had a particular crime in mind.
For going equipped what crimes have to be part of the offence?
- Burglary
- Theft (Including TWOC)
Scenario: Dave and John have left John’s house and they are both going equipped. They have committed a burglary and are on the way home.
Q: At this moment in time, are they committing the offence of ‘Going Equipped’?
No, as the burglary has already been committed and the offence of ‘Going Equipped’ can only be for a future offence and not a past one.
Scenario: Dave is at John’s house. They both have a screwdriver on them and are planning on breaking into a factory that night.
Q: Which two of the men, if any, are committing the offence of ‘Going Equipped’?
Only Dave is committing the offence of ‘Going Equipped’ because John is in his place of abode (home) and Dave is not.
Both are guilty of conspiracy to burgle though.
