Property Offences Flashcards
Criminal damage act 1971
Section 1
A person without lawful excuse
Destroys or damages
Any property
Belonging to another
With intent
Or being reckless
Under the criminal damage act
What is defined as property
Any property of tangible nature including
Money
Pets
Wild animals in captivity
Does not include- mushrooms, wild flowers and fruit
What can be used as defense for criminal damage
Defendants belief of
Permission
For protection
When does criminal damage go to magistrates
Under £5000
Unless arson
Define aggrevated damage
A person without lawful excuse
Destroys or damages any property
Whether belonging to himself or another
With intent or being reckless
And intending by the destruction or damage to endanger life
Criminal damage act 1971
Section 2
Threats to damage
A person without lawful excuse makes a threat
Intending the other would fear it would be carried out
To destroy or damage property belonging to another
Or to damage or destroy his own property in a way which could endanger life
What is the key element of threats to damage
The defendants intention that the person receiving the threat fears it will be carried out
Not needed to show the other person actually feared or believed threats would be carried out
Criminal damage act
Section 3- having articles with intent to destroy or damage
A person has anything in their custody or under their control
Intending
Without lawful excuse to
Use it or permit another to use it
To destroy or damage property belonging to another
To destroy or damage OWN property which is likely to endanger the life of another
Public order act 1986
Section 38-contamination or interference with goods
A person with intent of
Causing public alarm or anxiety
Of causing injury to others consuming or using the goods
Or of causing economical loss by any person taking steps to avoid injury alarm and anxiety
To contaminate or interfere with goods
Ie putting needles in food preventing people from buying the product
Theft act 1968
Section 1 theft
A person
Dishonestly appropriates property
Believing to another
With the intent of permanently
Depriving it
Theft act 1968 section 2
“Dishonestly”
Appropriation of property cannot be regarded as dishonest when
They believe they have the right to deprive it
Belief they would have consent if the other knew about the circumstances
Believes the owner of the property cannot be discovered through taking reasonable steps
The theft act 1968
Section 8- robbery
A person is guilty of robbery if he and immediately before or at the time of doing so and in order to do do
Uses force on any person
Or put anyone in fear that force will be used
Theft act 1968
Section 21-Blackmail
A person, with a view to gain for himself or another
With intent to cause loss to another
Makes any unwarranted demand with menace
Defence for blackmail
Person making the unwarranted demand has the belief that
They have reasonable grounds for making the demand
That the use of the menaces is a perorpty means of reinforcing the demand
The theft act
Burglary section 9.1.a
A person enters a building or part of a building as a tresspasser
With intent to commit any offences
Entry must be deliberate not accidental
Any part of body entered
Theft act 1968
Burglary
Section 9.1.b
A person having entered a building or part of it as a tresspasser
He steals or attempts to steal anything in the building
Or inflicts or attempts to inflict gbh
(Enters first as tresspasser)
Theft act 1968
Section 10-aggrevated burglary
Commits burglary and at the time has on them
W-weapon of offence
I-imitation firearm
F-firearm
E-explosive
What does a weapon of offence include
Items made for causing injury
Items adapted to cause injuries
Items intended for causing injury
Items made adapted or intended to incapacitate a person
Theft Act 1968
Section 22-Handling stolen goods
A person handles stolen goods if
Knowing or believing them to be stolen goods receives them
Or dishonestly undertakes or assists in their
Retention, removal, disposal or realisation
Theft Act 1968
Section 26- power to search for stolen goods
General power to search for and seize stolen goods
Fraud Act 2006
Section 1- fraud
A person is guilty of fraud if he is in breach of
Sec 2 Fraud by false representation
Sec 3 Fraud by failure to disclose
Sec 4!Fraud by abuse of power
Fraud act 2006
Section 2-fraud by false representation
A person
Dishonestly makes a false representation
To make a gain for himself or another or
To cause loss to another or to
Expose another to the risk of lodd
The fraud act 2006
Section 2-false representation
A person
Dishonestly makes a false representation
To make a gain for himself or another or
To cause loss to another or to
Expose another to the risk of loss
