Legislation - Acquisitive Crime (Theft Act) Flashcards
Section 1 Theft act 1968
A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention to permanently deprive the other of it.
Section 2 Theft act 1968: dishonestly
(1) A person’s appropriation of property belonging to another is not to be regarded as dishonest:
(a) if he appropriates the property in belief that he has in law, the right to deprive the other of it, on behalf of himself or a third party.
(b) if he appropriates the property in the belief that he would have the others consent if the other knew about the appropriation and the circumstances of it.
(c) (except where the property came to him as trustee or personal representative) if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps.
(2) a person’s appropriation of property belonging to another may be dishonest notwithstanding that he is willing to pay for the property.
Section 3 Theft act 1968: appropriates
(1) any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocent or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as the owner.
(2) Where property or a right or interest in property is or purports to be transferred for value to a person acting in good faith, no later assumption by him of rights which he believed himself to be acquiring shall, by reason of any defect in the transferor’s title, amount to the theft if the property.
Section 4 Theft act 1968: property
(1) property includes money and all other property, real or personal, including things in action and other intangible property.
(2) a person cannot steal land, or things forming part of land and severed from it by him or by his directions, except in the following cases, that is to say
- (a) when he is a trustee or personal representative, or is authorised by power of attorney, or as liquidator of a company, or otherwise, to sell or dispose of land belonging to another…………
Section 5 Theft act 1968: belonging to another
Section 6 Theft act 1968: with the intention of permanently depriving the other of it
…..
Section 13 Theft act 1968: Abstracting Electricity
A person who dishonestly uses without due authority or dishonestly causes to be wasted or diverted, any electricity shall on conviction on indictment be liable to imprisonment for a term not exceeding 5 years
Section 9(1)(a) and 9(1)(b) Theft act 1968: Burglary
Section 9(1)(a)
A person is guilty of burglary if he enters a building or part of a building as a trespasser and with intent to:
- steal anything in the building or part of a building in question.
- of inflicting on any person therein and grievous bodily harm.
- and of doing unlawful damage to the building or anything therein.
Section 9(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 that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm.
Section 10 Theft act 1968: Aggravated Burglary
A person is guilty of aggravated burglary if he commits any burglary and at the time has with him any firearm or imitation firearm, and weapon of offence, or any explosive (aka WIFE).
Section 8 Theft act 1968: Robbery
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.
Section 12 Theft Act 1968: Taking a Motor Vehicle or Other Conveyance without authority
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’s use or, knowing that any conveyance has been taken without such authority, drives it allows himself to be carried in or on it.
Section 12A Theft Act 1968: Aggravated Vehicle Taking
He can be convicted of aggravated vehicle taking if it is proved that at any time after the vehicle was unlawfully taken and before it was recovered, the vehicle was driven, or injury or damage was caused, in one or more of the circumstances set out in subsection a to d.
Section 22 Theft Act 1968: Handling stolen goods
A person handles stolen goods if, otherwise than in the course of the stealing, knowing or believing them to be stolen goods he dishonestly receives the goods, or dishonestly undertakes or assists in their retention, removal, disposal or realisation by or for the benefit of another person, or if he arranges to do so.
Section 3 Theft Act 1968: Making off without payment
A person who, knowing that payment on the spot for any goods supplied or service done is required or expected from him, dishonestly makes off without having paid as required or expected and with intent to avoid payment of the amount due shall be guilty of an offence.
Section 25 Theft Act 1968: going equipped for stealing
A person shall be guilty of an offence if, when not at his place of abode, he has with him any article for use in the course of or in connection with any burglary or theft.
