Offences Under the Theft Act

Question 1

What are the 6 elements of the offence of theft?

Answer 1

1. Dishonest
2. Appropriation
3. Of property
4. Belonging to another
5. Intention
6. Permanently deprive

Question 2

It is possible to steal your own property if someone has what at the time of the theft?

Answer 2

A superior right to possession

Question 3

When would appropriation in a shop occur in terms of theft?

Answer 3

As soon as the item is picked up

Question 4

How is dishonesty for theft measured?

Answer 4

Objectively - the question is whether a reasonable and honest person would think D’s action was dishonest

Question 5

What are the 3 requirements for the offence of robbery?

Answer 5

1. All elements of theft; and
2. At/before theft D used force to take property; or
3. Put V in fear then and there of being subjected to force to take property

Question 6

What is the common element of both burglary offences?

Answer 6

That D entered the building or part of the building as a trespasser

Question 7

What are the 3 requirements to meet the offence of burglary by trespass with intent? (s9(1)(a))

Answer 7

D enters a building with intent to:
1. Steal
2. Inflict GBH
3. Cause criminal damage

Question 8

What are the 2 requirements to meet the offence of burglary by offence following trespassory entry? (s9(1)(b))

Answer 8

D enters a building and actually:
1. Stole/attempted to steal
2. Inflicted/attempted GBH

Question 9

When is burglary s9(1)(a) committed?

Answer 9

When D enters the building

Question 10

When is burglary s9(1)(b) committed?

Answer 10

When D commits (or attempts to commit) one of the listed crimes once inside the building

Question 11

Describe the offence of aggravated burglary

Answer 11

D commits bulgrary while possessing a firearm, imitation firearm, explosive or any item adapted/intended to cause injury