Theft

Question 1

Define Section 1 (1) of the Theft Act 1968

Answer 1

A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.

Theft is an either way offence that is triable at either Magistrates or Crown Court.

As in most crimes there are 2 elements that must be considered:
The act(s) or action(s) of the person (actus reus).
What they intended to do before or after the act or action (mens rea).

Question 2

What exceptions for what can be stolen under Section 1 (1) of the Theft Act 1968?

Answer 2

Land - Land itself cannot be stolen: for example, by fencing it off or occupying it. An exception to this would be a trustee transferring title of land to themselves. However things on the land, such as turf or soil can be stolen.

Wild plants and mushrooms - Cultivated plants are property and can be stolen; however wild plants and mushrooms cannot be stolen unless they are picked for commercial gain.

Question 3

What does the Theft Act 1968 state in relation to belonging to another?

Answer 3

The Theft Act 1968 states that: “Property is regarded as belonging to any person having possession or control of it or having a proprietary right or interest”.

Question 4

Define Section 9 (1) (a) of the Theft Act 1968

Answer 4

A person is guilty of burglary if they enter any building or part of the building as a trespasser with intent to:

• Steal anything in the building (or part); or
• Inflict grievous bodily harm (GBH) on any person therein; or
• Do unlawful damage to the building or anything therein.

The 1st part deals with offenders who enter premises with the intention to commit a specified offence, but are caught or disturbed before they have the opportunity to carry out that offence.

Question 5

Define Section 9 (1) (b) of the Theft Act 1968

Answer 5

A person is guilty of burglary if, having entered a building or part of the building as a trespasser, they:
- Steal or attempt to steal anything in the building (or part); or
- Inflict, or attempting to inflict, on any person therein grievous bodily harm
(GBH).

The 2nd part of Section 9 (1) deals with a situation where someone has entered as a trespasser and then steals or commits grievous bodily harm - even if they had no intent to do so when they entered.

Question 6

Explain Section 10 of the Theft Act 1968 - aggravated burglary

Answer 6

A person commits aggravated burglary if he commits any burglary, and at the
time has with him any firearm, imitation firearm, weapon of offence or explosive

Question 7

What is a weapon of offence?

Answer 7

Weapon of offence - this is any article made or adapted for causing injury or incapacitating a person, or intended by the person having it with him for such use.
Possession of an offensive weapon: This offence has a similar although not identical definition. The meaning of made, adapted or intended is covered in another workbook; however note that the definition under section 10 of the Theft Act 1968 includes incapacitating a person as well as injuring them. This might include handcuffs, tape, drugs, rope etc.

Question 8

What is an imitation firearm?

Answer 8

This is anything which has the appearance of a firearm whether it is capable of being discharged or not.

Question 9

What is a firearm?

Answer 9

This includes air guns and air pistols as well as conventional firearms.

Question 10

What is an explosive?

Answer 10

This includes any article manufactured for the purpose of having a practical effect by explosion or intended for that purpose.

Question 11

What does the mnemonic WIFE stand for?

Answer 11

W - Weapon of offence
I - Imitation firearm
F - Firearm
E - Explosives

Question 12

What does Section 8 of the Theft Act 1968 relate to?

Answer 12

Robbery

Question 13

Define Robbery – Section 8 of the Theft Act 1968

Answer 13

A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person, or puts or seeks to put, any person in fear of being there and then subjected to force

Question 14

What is Section 3 of the Theft Act 1968?

Answer 14

Making off without payment

Question 15

Define Making Off Without Payment – Section 3 of the Theft Act 1978

Answer 15

A person who knowing that payment on the spot for any goods supplied or service done is required or expected from him/her, dishonestly makes off without having paid as required or expected and with intent to avoid payment of the amount due shall be guilty of an offence