Offence Definitions Flashcards
What is the definition of theft?
A person is guilty of theft if he dishonestly, appropriates, property, belonging to another, with the intention of permanently depriving the other of it and ‘thief’ and ‘steal’ shall be construed accordingly.
What is the definition of 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.
What is the definition of burglary?
A person is guilty of burglary if -
(a) he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below; or
(b) 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.
What is the definition of 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, any weapon of offence or any explosive.
What is a firearm?
‘firearm’ includes an airgun or air pistol, and ‘imitation firearm’ means anything which has the appearance of being a firearm, whether capable of being discharged or not
What is a weapon of offence?
‘weapon of offence’ means any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him for such use
What is an explosive?
‘explosive’ means any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person having it with him for that purpose.
What is the definition for taking motor vehicle without consent (TWOC)?
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 or allows himself to be carried in or on it.
What are the 4 factors that aggravate the offence of TWOC?
(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.
What is the definition of 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.
What is the definition of threats to kill?
A person who without lawful excuse makes to another a threat, intending that that other would fear it would be carried out, to kill that other or a third person shall be guilty of an offence.
What is the definition of “common assault”?
An assault is any intentional or reckless act which causes a person to apprehend immediate unlawful force or personal violence.
What is the definition of “battery”?
A battery is any intentional or reckless infliction of unlawful force or personal violence.
What is the definition 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 shall be guilty of an offence.
What is the definition of “rape”?
A person (A) commits an offence if he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis, (B) does not consent to the penetration, and (A) does not reasonably believe that (B) consents.
