Offences Flashcards

1
Q

What is the definition of Theft

A

A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it

(2)It is immaterial whether the appropriation is made with a view to gain, or is made for the thief’s own benefit.

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2
Q

What is the definition of Abstracting Electricity

A

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 five years.

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3
Q

What is the definition of Section 9. Burglary 1 (A)

A

A person is guilty of burglary if—

he enters any building or part of a building as a trespasser and with intent to commit any of the following offences -

D - do unlawful damage to the building or anything inside
I - inflict GBH on any person inside
T - theft of anything within or part of the building

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4
Q

What is the definition of Section 9. Burglary 1 (B)

A

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.

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5
Q

What would constitute entering a building

A

Bodily Entry
Part of the body OR
Instrument OR
Innocent agent

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6
Q

Define - Trespasser

A

Being there without the consent of a person who can give such consent, or without other lawful authority.

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7
Q

What is Aggravated Burglary - Section 10 (1)

A

An offence is committed by any person who commits any burglary and at the time he has with them -

W - weapon of offence OR
I - imitation firearm OR
F - firearm OR
E - explosives

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8
Q

What is WIFE and what is it related to?

A

W - weapon of offence OR
I - imitation firearm OR
F - firearm OR
E - explosives

Aggravated Burglary

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9
Q

Define - Threat of Violence (Assault)

A

Any act where a person intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence

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10
Q

Define - Actual Violence (Battery)

A

Committed when a person intentionally or recklessly (subjectively) inflicts unlawful force on another

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11
Q

What is section 39 of the Criminal Justice Act

A

Common Assault

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12
Q

What injuries are associated with a Common Assault

A

Reddening of the skin

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13
Q

What is section 47 of the Offences against the person act

A

Actual Bodily Harm (ABH)

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14
Q

What injuries are associated with ABH

A

Cuts, Swelling or Bruising

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15
Q

What is Section 20 of the Offences against the person act

A

Grievious Bodily Harm (GBH)

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16
Q

What injuries are associated with GBH

A

Stabbing, Cutting or Attacks with the intent to harm or hurt

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17
Q

What is section 28 of the Crime and Disorder Act 1998

A

Motivated (wholly or party) by racial or religious hostility towards members of a racial or religious group

Demonstrates at the time, immediately before or afterwards, hostility towards the victims member of a racial or religious group

18
Q

Define section 1 of the Criminal Damage Act 1971

A

A person without a lawful excuse destroys or damages property belonging to another intending to destroy or damage such property or being reckless as to whether such property would be destroyed or damaged. Shall be guilty of an offence

19
Q

What is section 2 of the Criminal Damage Act 1971

A

Threats to destroy or damage property

20
Q

What is section 1 of the Criminal Damage Act 1971

A

Destroying or damaging property.

21
Q

Define section 2 of the Criminal Damage Act 1971

A

A person without lawful excuse makes to another a threat, intending that the other would fear it would be carried out
A) To destroy or damage any property belonging to that other or a third person OR
B) To destroy or damage his own property in a way which he knows is likely to endanger the life of that third person
Which he knows is likely to endanger the life of that third person shall be guilty

22
Q

What is section 3 of the Criminal Damage Act 1971

A

Having articles with intent to destroy or damage property

23
Q

Define section 3 of the Criminal Damage Act 1971

A

A person who has anything in his custody or under his control intending without lawful excuse to use it or cause or permit another to use it
A) to destroy or damage any property belonging to some other person, or
B) to destroy or damage his own or the user’s property in a way which he knows is likely to endanger the life of some other person shall be guilty of an offence

24
Q

On arrival at any incident, what actions should a constable do

A

Preservation of life → Preserve Scene → Secure Evidence → Identify victim → identify suspects

25
Q

What is section 89 (2) Police Act 1996

A

Obstructing a police officer

26
Q

What legislation can be used instead of Section 89 Police Act 1996

A

Assaulting an emergency worker 2018

27
Q

What is Section 6 of Criminal Law 1977

A

Using violence to enter premises

28
Q

What else could constitute a trespasser

A

If entry is obtained via false pretences as this is not TRUE consent

29
Q

What is Section 8 of the Theft Act 1968

A

Robbery

30
Q

Define - Robbery

A

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.

A person guilty of robbery, or of an assault with intent to rob, shall on conviction on indictment be liable to imprisonment for life

31
Q

Define ‘Steals’

A

Must be a theft before offence takes place
T.W.O.C is not permanent therefore no theft.
Immediately before or at the time of doing so and in order to do so does not matter if it is before or at the time but not in the future

32
Q

What is Section 12 (1) of the Theft Act

A

Taking motor vehicle or other conveyance without authority.

33
Q

Define Section 12(a) of the Theft Act

A

A person commits an offence who;
Without the consent of the owner or other lawful authority takes a conveyance for his own or another’s use OR knowing that a conveyance has been taken without authority, drives it OR allows himself to be carried in or on it

34
Q

What is required to confirm consent provided

A
  • The person taking the conveyance has a genuine belief that the owner would have consented.
35
Q

Consent will not be valid if;

A
  • Obtained by threats of violence or intimidation
  • The person goes beyond the scope of the permission given – so-called ‘conditional consent’
  • Obtained by deception
36
Q

What defences are applicable when associated with consent

A
  • He has lawful authority to do it OR
  • That he would have the owner’s consent if the owner knew of his doing AND the circumstances of it – even if this belief is mistakenly held.
37
Q

What is Section 12 (a) of the Theft Act

A

Aggravated Vehicle Taking

38
Q

Define Aggravated Vehicle Taking

A

A person is guilty of aggravated vehicle taking if he:
Commits an offence of TWOC under Section 12(1) Theft Act 1987 in relation to a mechanically propelled vehicle
AND
After the vehicle was unlawfully taken and before it was recovered any of the aggravating circumstances occurred.

39
Q

What is section 12 (5) of the Theft Act

A

Taking a pedal cycle

40
Q

Define Section 12 (5) of the Theft Act

A

Is an offence to take a pedal cycle without the consent of the owner or other lawful authority OR knowing that it has been so taken, to ride on it.
Summary only offence
No trigger powers
Penalty – Fine only

41
Q

What is Section 9 of the Criminal Attempts Act 1981

A

Interference with a motor vehicle or trailer

42
Q

Define Section 9 of the Criminal Attempts Act

A

A person interferes with a motor vehicle or trailer or with anything carried in or on a motor vehicle or trailer with the intention that an offence below shall be committed by himself or some other person;
- A theft of the motor vehicle/trailer of part of it;
- A theft of anything carried in or non the motor vehicle or trailer (theft from)
Information needed to record a crime