The Theft Act 1968 Flashcards
What is the definition of Theft?
A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.
What section governs Theft?
Section 1
Under Section 4 of the Theft Act 1968 what does property not include?
Mushrooms
Fruit
Flowers
Foliage
or
Anything growing on wild land unless picked for sale
What is the difference between Theft & Burglary?
Burglary is an offence against the building. Whereas, theft is an offence against a person.
What section of the Theft Act cover Burglary?
Section 9
What is the definition of Burglary under 9(1)(a)?
A person is guilty of burglary if he/she enters a building (or part) as a trespasser intending to
1. Steal anything
2. Inflict harm on any person therein amounting to GBH.
3. Do unlawful damage to the building.
What is the definition of Burglary under 9(1)(b)?
A person is guilty of burglary if having entered the building (or part) as a trespasser he/she steals or attempts to
1. Steal anything inside
2. Inflicts or attempts to inflict GBH.
As per the Theft Act 1968, what is a building?
A structure of considerable size (includes a dwelling).
Intended to be permanent or last a significant time.
Vehicle or vessels which at the time of the offence is inhabited.
Under the Theft Act 1968, is a garden shed a building?
Yes.
Under the Theft Act 1968, is a garage considered a building?
Yes.
Under the Theft Act 1968, at what point does a unfinished building become a building?
When it has all its walls and a roof.
Under the Theft Act 1968, does a tent count as a building?
No
What is the definition of a Distraction Burglary?
Any crime where a falsehood, trick, or distraction is used on an occupant of a dwelling to gain entry or try to gain access to the premises to commit burglary.
Under the Theft Act 1968, what makes a Burglary Aggravated?
If someone commits any burglary with their WIFE.
In the Theft Act 1968, what section governs Aggravated Burglaries?
Section 10(1)
What is a WIFE (Burglary related)?
Weapons of offence
Imitation Firearm
Firearm
Explosive
What section of the Theft Act 1968 focusses on Robbery?
Section 8
What is the definition of Robbery?
A person commits robbery if he steals and immediately before or at the time of doing so and in order to 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.
True or false? The fear instilled by the threats or use of force must be felt by the victim.
False - It only matters if the suspect intended for the individual to feel fear.
True or false - The full offence of theft must be present for a robbery to occur?
True - No theft no robbery.
What section of the Theft Act 1968 is TWOC?
Section 12
What is the definition of a conveyance (TWOC related)?
Something constructed or adapted for the carriage of a person or persons by either land, water, or air.
What is section 12(5) Theft Act 1968?
Taking of a Pedal Cycle
What circumstances make TWOC aggravated (s12(1))?
1.Vehicle was driven dangerously on a road or other public
2. An accident occurred by which injury has been caused.
3. An accident occured which caused damage to any property other than the vehicle.
4. Damage was caused to the vehicle.
True or false - Is a Bicycle a convenyance?
False - It cannot be TWOC’d
Within the Criminal Attempts Act 1981, what section covers Vehicle Interference (VI)?
Section 9
True or false - Vehicle Interference
can only take place on public property?
False - it can take place on both public and private property.
What is the definition of Vehicle Interference?
It is an offence to interfere with a
motor vehicle or trailer
or
anything carried in or on the motor vehicle or trailer.
Under the Theft Act 1968, what section covers Handling Stolen Goods?
Section 22(2)
What is the definition of handling stolen goods?
A person handles stolen goods if otherwise than in the course of stealing
Knowing or believing them to be stolen he/she receives the goods or assists in their retention, removal, disposal.
or he arranges to do so.
