OF03: Dishonesty (Theft and Burglary) Flashcards
What is the value of an item and why is it important?
Value of an item is the resale value NOT the replacement value.
Important because there are different penalties for theft depending on the value of the property.
Explain ‘Uses or Deals’
Gaining possession or control of property legally but making decisions as if you were the owner of the property
Explain ‘Property’
Anything whatsoever. Tangible or intangible
Explain ‘Ownership’
- possession or control of property
- any interest in the property
- the right to take possession
Explain ‘Claim of right’
Belief at the time of act to have the right to possess property
Explain ‘Dishonestly’
An act committed without belief that consent was given or implied
Elements of theft (by using or dealing)
- Dishonestly
- Without claim of right
- Uses or deals
- With any property
- With intent to deprive owner of property or interest in property
- After obtaining possession or control of the property
Elements of theft (by taking)
- Dishonestly
- Without claim of right
- Takes
- Any property
- With intent to deprive any owner of that property or interest in the property
Elements of Burglary
- Enters
- Any building or ship or part of a building or ship
- Without authority
- With intent to commit an imprisonable offence
Explain aggravated burglary
WHILE COMMITTING Burglary uses or is in possession of a weapon OR HAVING COMMITTED burglary has a weapon with them or uses anything as a weapon
What powers of arrest do you have in regards to the offence of ‘Burglary’?
Crimes Act 1961 Section 315 (2) (a) or (b)
-Arrest without warrant
Difference between ‘Enters’ and ‘Having Entered’?
Enters- any part of the body or instrument to be inside the building without permission OR
gains entry by trick or artifice
Having Entered- Is physically inside. Although entering the building lawfully, does not have permission to stay in the building.
Explain ‘Artifice’
Involves being cunning or artful
