Scenarios Flashcards
A person goes for a walk in the local woods taking a spade. They look for wild flowers
in bloom and use the spade to dig up whole plants including their roots. They take the
wild plants home and plant them in their garden.
Is this Theft?
YES
The wild plants would be deemed as
‘property’ within the definition and the person has committed theft.
A person picks blackberries from a hedgerow and uses them to make jam. The jam is
sold at a profit at a local festival.
Is this Theft?
Yes
You borrow a book from the library and you show it to a colleague who, while reading
it, has it snatched by someone who runs off.
Who has the thief stolen from?
The person who runs off with the
book may have stolen it from your colleague (who had control of it) and from you (who
possessed it) and from the library (which still owns it).
A youth on a school playground demands that another youth hands over their mobile
phone threatening to assault them after school if they don’t hand it over immediately.
The youth hands over their phone.
Is this Robbery?
No.
This would not amount to robbery as force is not
threatened immediately before or at the time as the youth is not put in fear of being
then and there subject to force, but instead to force in the future. Any threat to use
force at some time in the future, even by a few minutes, would not be robbery but may
constitute another offence such as blackmail or theft.
Two persons argue and one threatens to assault the other. The person is scared
and gives money to the other to leave them alone.
Is this Robbery?
No.
This is not a robbery because
the force was not used, or threatened, in order to steal as the person offered the
money without being asked for it.
A person uses their arm, or a coat hanger, to reach through a letter box to retrieve a
door key to gain access.
Is this Burglary?
No.
Entry by part of the body or by instruments merely to facilitate
entry is not burglary. (It may well be sufficient to constitute an offence of attempted
burglary however, dependant on the specific circumstances).
A passer by sees a ground floor window open and reaches their arm through intending
to feel around and steal anything they find inside.
What offence is this? Name the Act and Section.
This is an effective entry with an
intention to steal and, even though they could not reach anything and therefore did not
steal, they commit a burglary contrary to Section 9(1)(a). Theft Act 1968
Following a positive roadside breath test an officer arrests the driver on suspicion of
driving their car whilst over the prescribed limit of alcohol. Before placing the person
into a police vehicle to transport them to the custody suite the officer searches the
person to check for anything they may harm themselves or another with or use to
attempt escape from custody whilst in the vehicle. During the search the officer finds a
tool in the person’s pocket specially constructed (made) to open car locks or bypass
vehicle ignition systems.
What should the officer do now?
The officer should seize the tool (article) under section 19 of the
Police and Criminal Evidence Act 1984 (PACE), re-cautions and arrests the person on
suspicion of going equipped for theft.
A camp-site proprietor shows you a cable connected at one end to a lamppost and you
can see it is running into a caravan. On entering the caravan you find that the other
end of the cable has been connected to provide power for the caravan.
What offence has occurred? Name the Act and Section.
Abstracting Electricity
Section 13, Theft Act 1968
A person bought a diamond ring, believing it to be stolen goods, when in fact the ring
was not stolen.
Are they guilty of an offence? If so, which Act and Section?
Section 22 Theft Act 1968
In this case the person’s intent was to handle stolen goods. Even though the item wasn’t
stolen the suspect thought it was, so they are guilty of the offence.
You receive information that petrol bombs are being stored in a garage and go to
the premises and find them there. You suspect that the person who has custody
of them intends to use them during disorder linked to the visit of a politician to the
town hall.
What offence under which act and section?
Having articles with intent to destroy, damage or endanger life Section 3, Criminal
Damage Act 1971
