Scenarios Flashcards
Taking a conveyance 1
BENSON owns a small trailer which has been constructed to carry goods. TEESDALE asks BENSON if he can borrow this trailer but BENSON refuses. TEESDALE waits until BENSON has gone out and then takes the trailer from his garden. He hitches the trailer to his own car and uses it to transport old furniture to a tip. He returns the trailer before BENSON is aware it is missing.
At what point, if at all, is the offence of taking a conveyance, contrary to Section 12 (1) Theft Act 1968 complete?
A. When it is taken from BENSON’s garden without consent.
B. When it is hitched to the car and used on a road.
C. Not at all, as at no time has BENSON been deprived of its use.
D. Not at all, as it is not a conveyance for the purposes of Section 12.
D.
Taking a conveyance 2
Which, if either, of the following persons has committed the offence of taking a conveyance, contrary to Section 12 (1) Theft Act 1968? In each case, no consent or other authority has been obtained.
BROWN finds a van blocking the driveway of her house. She manages to unlock the vehicle, and pushes it round the corner, steering it through the window. At no time does she drive the van.
HUGHES pushes a motorcycle from outside the owner’s house to a nearby open space. There, she hands it over to a friend who takes it for a joyride. At no time does HUGHES ride the motorcycle.
A. BROWN only.
B. HUGHES only.
C. Both.
D. Neither.
B.
Taking a conveyance 3
In relation to an offence of taking a conveyance without consent under Section
12(1) Theft Act 1968, which of the following is NOT a conveyance?
A. A bicycle with a flat tyre.
B. An inflatable boat carried on a car roof rack.
C. A motorised pedal cycle.
D. A horse drawn carriage.
A.
Taking a conveyance 4 In relation to an offence of TWOC under Section 12 (1) Theft Act 1968, which of the following is not a conveyance? A. A bicycle. B. An inflatable dinghy. C. A horse and carriage. D. A microlight aircraft.
A.
Taking a conveyance 5
BILLINGHAM is on her way to see her boyfriend, POOLEY. On the way to the bus stop, she notices a Ford Mondeo that is parked near a garage. The keys are in the ignition so she takes it. She drives the Ford Mondeo to POOLEY’S house. POOLEY gets into the car, and they sit there, discussing where they can go. The police draw up alongside them, blocking them from going anywhere.
Has POOLEY committed the offence of allowing himself to be carried in a vehicle without the owner’s consent under Section 12 (1) Theft Act 1968?
A. No, POOLEY has not been dishonest enough.
B. Yes, POOLEY has the intention to be a passenger.
C. No, POOLEY has not on these facts committed the offence.
D. Yes, POOLEY has sat in the car and discussed travel arrangements.
C.
Taking a conveyance 6
MACHIN is walking home late at night when he sees an unattended motorcycle parked and stationary outside a house. He gets onto the motorcycle and attempts to start it. He intends to use the motorcycle for his own use to get home but is disturbed by a noise and runs off before getting caught, leaving the motorcycle.
Has MACHIN committed an offence of taking a conveyance without consent contrary to section 12 Theft Act 1968?
A. The offence of taking a conveyance without consent is complete in these circumstances as MACHIN used the motorcycle for his own use.
B. The offence of taking a conveyance without consent cannot be completed in these circumstances as a motorcycle is not a conveyance.
C. The offence of taking a conveyance without consent is complete in these circumstances as MACHIN intended to use the motorcycle for his own use to get home.
D. The offence of taking a conveyance without consent cannot be completed in these circumstances as a motorcycle was not taken without consent.
D.
Theft 1
JON notices an old bicycle in the street outside the block of flats in which he lives. It is still there two days later and JON thinks it was probably stolen from elsewhere and dumped there by the thief. Instead of trying to find the owner, JON decides to keep the bike for himself. He takes it up to his flat, files off the frame number and paints it a different colour so that it would be unrecognisable to its owner. In fact, the owner had bought a new bike and had dumped this one outside the flats because he had no further use for it.
At what stage, if at all, does JON commit theft contrary to Section 1 of the Theft Act 1968?
A. When he decides to keep the bike.
B. When he takes it into his flat.
C. When he repaints the bike.
D. At no stage.
D.
Theft 2
CREED keeps a hedgehog as a tame family pet and keeps it in his conservatory. CREED provides food, water and medication for the animal. CARLTON visits and decides he would like the hedgehog as a pet so removes it without CREED’s knowledge.
In relation to Section 4 of the Theft Act 1968 only, is the hedgehog CREED’s property?
A. Yes, the hedgehog has become CREED’s property.
B. No, the hedgehog is a wild animal so it cannot become anyone’s property.
C. Yes, as the hedgehog is on CREED’s land, it automatically becomes his property.
D. No, the hedgehog has not been purchased or reared by CREED so cannot become his property.
A.
Theft 3
A fishing contest is taking place on the River Clay. One of the competitors, KILLIP, is not having much success. He notices that another competitor, YAKUB has caught a large carp. When YAKUB goes for lunch, KILLIP removes the carp from YAKUB’s keep net and places it in his own. KILLIP later presents the carp to the judges of the contest. He wins a third prize trophy.
Do the actions of KILLIP amount to an offence of theft?
A. No, because the carp is classed as a wild animal.
B. Yes, because all wild animals constitute ‘property’.
C. No, because the carp has not been taken for a commercial purpose.
D. Yes, because the carp was in a person’s possession.
D.
Theft Act 4
SALLIS enters a shop with OSWALD. SALLIS looks around and sees that WANDS the security guard is not looking so she picks up a bottle of wine intending to steal it and places it in OSWALD’s open carrier bag which is placed on the shop floor. OSWALD has no knowledge of this until he picks up the carrier bag which is heavy and checks it. He realises what SALLIS has done and was about to place the wine back on the shelf when he changes his mind and decides to keep it and try to leave the store without paying. On their way out they are stopped by another member of staff.
Has OSWALD committed an offence in these circumstances?
A. No, OSWALD formed the intent to steal after the appropriating the property.
B. Yes, OSWALD has committed the offence of handling.
C. Yes, OSWALD has committed an offence of theft in these circumstances.
D. No, SALLIS was the one who committed theft.
C.
Theft 5 5476
Which of the following is NOT property for the purposes of section 4 of the Theft Act 1968?
A. Money.
B. Things in action.
C. Wild creatures normally kept in captivity.
D. Mushrooms growing wild on any land.
D.
Theft 6
WRESCHAK is an early riser and runs out of milk for his breakfast. He does not have milk delivered but his neighbour, O’BRIEN, does. WRESCHACK believes that O’BRIEN would consent to him taking a pint of milk from his doorstep. So he takes one bottle.
Which of the following is correct in relation to an offence of theft, contrary to Section 1 of the Theft Act 1968
A. WRESCHACK commits the offence of theft.
B. WRESCHACK does not commit theft because the appropriation is not dishonest.
C. WRESCHACK would not commit theft if he left the money for the milk on the doorstep.
D. WRESCHACK does not commit theft because it is only a small quantity.
B.
Theft 7
MAYOH steals a necklace and gives it to CARLIN.
In which, if any, of the below options does CARLIN commit theft?
(i) CARLIN keeps the necklace, not knowing it is stolen.
(ii) CARLIN finds out the necklace is stolen but still keeps it.
(iii) CARLIN finds out the necklace is stolen and tells MAYOH to return it to the rightful owner.
A. (i) and (ii) only.
B. (ii) only.
C. All.
D. None.
B.
Theft Act 8
Which one of the following is NOT a “building” or “part of a building” for the purposes of the Theft Act 1968?
A. A caravan used to live in during the summer but nobody is in at the time that a trespasser enters.
B. A houseboat when the occupant is temporarily away.
C. A tent used as a summer residence.
D. A garden shed.
C.
Robbery 1
A car radio has been stolen from a parked and unattended vehicle. The offence was witnessed by a police officer on patrol. She challenged the offender and was immediately threatened by him with a knife. The offender was then able to escape.
In this situation, has the offence of robbery, contrary to Section 8 of the Theft Act 1968 been committed?
A. Yes, because the police officer was subjected to force.
B. No, because the theft was not from the police officer.
C. Yes, because violence was threatened towards the police officer.
D. No, because force was used to aid escape after the theft had occurred.
D.
Robbery 2
GERALD sees a woman walking along the road with her boyfriend and notices that she is wearing a gold chain around her neck. He decides to steal it. Realising the woman’s boyfriend would undoubtedly try to prevent him, and so that he can carry out his plan, he runs towards the man and knocks him to the ground. Before the boyfriend can get up, GERALD pulls the chain from the woman’s neck and makes good his escape.
Has GERALD committed robbery contrary to Section 8 of the Theft Act 1968?
A. No, he did not put anyone in fear of being subjected to force.
B. No, he only used force in order to prevent himself being caught.
C. Yes, he used force on the man in order to steal from the woman.
D. Yes, any act where property is snatched will amount to robbery.
C.
Robbery 3
FILSON is running away from Constable WATTS who intends to arrest him for a non-payment warrant. FILSON sees a motorcyclist at the side of the road who has stopped at red traffic lights. FILSON pushes the motorcyclist off his motorcycle and escapes from Constable WATTS on the motorcycle. He later abandons the motorcycle, never having intended to keep it.
Has FILSON committed robbery contrary to Section 8 Theft Act 1968 in these circumstances?
A. No, taking a conveyance is not theft for the purposes of robbery.
B. No, the motorcyclist was NOT put in fear.
C. Yes, he used force on the motorcyclist to take the motorcycle.
D. Yes, providing the motorcyclist was injured.
A.
Robbery 4
During a fight TATE hits CLEAVER and knocks him down. As CLEAVER hits the ground, a wallet full of money falls out of his pocket. TATE picks it up intending to keep it for himself. WALTON, a passer-by, has seen everything take place and, threatening TATE with a beating, he takes the wallet away from him, intending to return it to CLEAVER.
Which person, if either, commits the offence of robbery contrary to Section 8 Theft Act 1968?
A. TATE only.
B. WALTON only.
C. Both.
D. Neither.
D.
Robbery 5
LITCHFIELD is walking down a street with his 2-month-old daughter, whom he has in a pram. LITCHFIELD is approached by HARDMAN who holds a container of liquid over the pram, directly above the baby. HARDMAN tells LITCHFIELD that unless he hands over money and jewellery she will pour the contents of the container, which she claims is acid, over the baby. LITCHFIELD, in fear of the baby’s safety hands over some money and a watch.
Has HARDMAN committed the offence of robbery in this instance?
A. Yes, because LITCHFIELD intends HARDMAN to believe that his baby may be harmed.
B. Yes, because at the time of the theft there is the fear of force being used.
C. No, because actual force has not been used against LITCHFIELD or the baby.
D. No, because LITCHFIELD had not been put in fear of force being used against him.
D.
Robbery 6
PYATT, whilst driving her car, stops at a set of lights when she is approached by JENKINS. JENKINS pulls out a knife on PYATT and physically forces her out of the car throwing her to the ground saying, “I’m taking this for a spin”. PYATT is shaken, scared and bruised by the fall to the ground. JENKINS takes the car and drives around in it until it runs out of petrol and then leaves it abandoned at the roadside as intended.
Has JENKINS committed robbery?
A. Yes, JENKINS has committed theft and at the time of doing so and in order to do so used force.
B. No, JENKINS used force but there was no theft.
C. No, JENKINS used force to take the vehicle without authority so there could be no robbery or attempt.
D. Yes, JENKINS has used force and committed an offence under the Theft Act 1968 of taking a conveyance without the owners consent.
B.
Robbery 7
EASTHAM is returning home after a night out. She decides to take a car to drive home which she intends to abandon near to her home. As she is attempting to force entry into a Ford Fiesta, parked outside a house, the owner runs out of the house towards her. EASTHAM produces a knife and waves it at the car owner. The owner is not put in fear but does not go any nearer. EASTHAM takes the vehicle and uses it to transport her home; leaving it parked on the road some 500 metres from her house.
Has EASTHAM committed an offence of robbery in the circumstances described?
A. Yes, she has sought to put the car owner in fear.
B. No, the car owner has not been put in fear.
C. Yes, she has threatened force in order to carry out the act.
D. No, she had no intention of keeping the vehicle.
D.
Robbery 8
LEWIS and WARNES are in dispute about some money that is owed by WARNES to LEWIS as a result of a gambling debt. They meet in Sandford town centre and start to argue. A fight ensues and LEWIS knocks WARNES to the ground unconscious. LEWIS then decides to take money from WARNES’ wallet that amounts to the exact amount he believes he is owed plus a ‘little extra’ for his trouble.
In these circumstances is LEWIS guilty of robbery?
A. Yes, because he has used force in order to take the money.
B. No, because gambling debts are not legally enforceable.
C. Yes, because he used force immediately before which enabled him to commit the theft.
D. No, because he did not use force in order to commit the theft.
D.
Robbery 9
SWEETMAN needs to get home from the town centre but he cannot afford a taxi. He walks past DOWSETT who is just getting out of her Porsche sports car. SWEETMAN decides that he is going to take the vehicle just to drive home. He notices that the keys are still in the car and pushes DOWSETT out of the way. She resists and he punches her to the ground in order to get in the car and then to drive it away. DOWSETT receives severe facial injuries as a result of the incident. SWEETMAN later abandons the car near to his home.
Is SWEETMAN guilty of robbery in these circumstances?
A. No, he did not intend to permanently deprive the owner of the car.
B. Yes, taking a conveyance is classed as theft for the purpose of robbery.
C. No, he did not intend to use violence and only did so in order to get away.
D. Yes, because violence was used in order to commit the offence.
A.
Robbery 10
YOUNG is playing football for her local team when she sees HARRIS watching the game from the stand. After the game HARRIS speaks to YOUNG and begins to tease her. YOUNG remembers being bullied by HARRIS as a child and hits HARRIS in the arm, causing her to fall to the ground. YOUNG sees that HARRIS is wearing the gold chain that she took from YOUNG as a child. YOUNG takes the chain from HARRIS’s neck causing bruising. YOUNG believes that she has a right to retrieve the necklace.
Has YOUNG committed the offence of robbery?
A. No, YOUNG has used force on HARRIS but she has not committed the offence.
B. No, YOUNG’s use of force on HARRIS was not sufficient for it to be robbery.
C. Yes, YOUNG has used force on HARRIS immediately before and at the time of the theft.
D. Yes, YOUNG has taken the necklace and at the time of the taking used force on HARRIS.
A.
Robbery 11
The offence of robbery is defined under Section 8 of the Theft Act 1968. Which of the following statements is a correct extract from the definition?
A. …then and there puts any person in fear of being subjected to force.
B. …at the time of doing so, uses or threatens to use force in order to steal.
C. …uses force on any person or puts or seeks to put any person in fear.
D. …steals, and immediately before doing so, uses force on the person.
C.
Robbery 12
SIMPKIN is walking down the street talking on his mobile phone when CHONG approaches him and demands the phone is handed over. SIMPKIN is in fear and refuses to hand the phone over so CHONG pushes him to the floor. As SIMPKIN falls to the ground his phone drops to the floor. SAYERS a witness sees the incident and picks up the phone. CHONG sees SAYERS has the phone and runs off.
Has CHONG committed the offence of robbery contrary to section 8 Theft Act 1968 in these circumstances?
A. Robbery has been committed as CHONG used force in order to steal.
B. Robbery has been committed because SIMPKIN was put in fear.
C. Robbery has not been committed as CHONG failed to steal the phone.
D. Robbery has not been committed as CHONG did not use sufficient force in order to steal the phone
C.
Robbery 13
While walking in a wealthy part of the city, FENTON sees PERKIN walking her dog. The dog is wearing a diamond studded collar. FENTON grabs hold of the dog cuts the collar off and stuffs it into his pocket. FENTON then told PERKIN ‘GIVE ME YOUR BAG’. PERKIN is so terrified she hands her shoulder bag to FENTON and says ‘Take it and go’. FENTON takes the bag and runs off down a side street.
In relation to Section 8 of the Theft Act 1968 at what point in the incident is the offence of robbery complete?
A. The offence of robbery is complete when FENTON grabs the dog and cuts the collar off.
B. The offence of robbery is complete when PERKIN is terrified after FENTON told here to ‘GIVE ME YOUR BAG’.
C. The offence of robbery is complete when FENTON takes PERKIN’s bag and runs off.
D. The offence of robbery is not complete in this incident.
C.
Robbery 14
THOMAS, a local drug dealer is walking down the high street when he sees GREY unlocking the door to an expensive four wheel drive vehicle. Seeing his opportunity THOMAS pushes GREY to the ground, grabs the keys from his hand and drives off at speed in the vehicle intending for it to be taken out of the country and sold. GREY is not injured during the incident and calls the Police as soon as he gets to his feet.
In relation to Section 8 of the Theft Act 1968 has the offence of robbery taken place?
A. No, GREY was not injured by the force THOMAS used during the incident.
B. Yes, the offence is complete.
C. No, THOMAS had no intention to keep the vehicle himself.
D. Yes, as it is necessary for some form of physical contact for the offence to occur.
B.
Robbery 15
KYLE is walking his dog late one evening when he is approached by PLOUGHMAN who shouts ‘Hand over your wallet or I’ll stab the dog’. KYLE is very angry at this and without thinking punches PLOUGHMAN in the face knocking her to the ground. As she falls PLOUGHMAN drops her mobile phone. KYLE grabs the phone and runs off intending to smash it up when he gets home in revenge for PLOUGHMAN’s actions.
In relation to Section 8 of the Theft Act 1968 at what point during the incident is the offence of robbery complete?
A. The offence of robbery is not complete in this incident.
B. The offence of robbery is complete when KYLE punches PLOUGHMAN in the face.
C. The offence of robbery is complete when PLOUGHMAN threatens to ‘stab’ KYLE’s dog.
D. The offence of robbery is complete when KYLE steals PLOUGHMAN’s mobile phone.
A.
Offensive weapon 1
Who in the following cases commits an offence of carrying an offensive weapon without lawful excuse contrary to Section 1 of the Prevention of Crime Act 1953?
(i) WARREN is in his front garden. He picks up a smashed milk bottle, intending to use it to defend himself at a football match later that afternoon.
(ii) SALLY, who is having dinner at a friend’s house, has a Stanley knife in her handbag, which she carries in case she is attacked on the way home.
A. WARREN Only.
B. SALLY Only.
C. Both.
D. Neither.
D.
