THEFT Flashcards
Robbery Definition
A person who 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 then and there subjected to force.
THEFT DEFINITION
A Person is guilty of theft if he dishonestly appropriates property belonging to another with the intention to permanently deprive another.
Burglary - 9(1a)
A person who enters a building or part of a building as a trespasser, with the INTENT to Steal, Inflict GBH, Criminal Damage.
Burglary - 9(1B)
A person who has entered a building or part of a building as a trespasser and steals or inflicts GBH.
Robbery - Can you threaten force for a later date?
No you can’t, It needs to be immediately before or at the time of doing so. The force needs to be threatened then and there!
Robbery - No Theft?
No Robbery!
If any of the 5 points to theft haven’t been completed, it’s not a theft! So it can’t be a robbery!
Burglary - using an instrument to get keys, Does that count?
No it doesn’t, As soon as they grab the keys, it’s because they want to get into the property(No theft), as soon as they enter after opening the door(Burglary)
Can you Burgle a tent?
No you can’t. Not a permanent structure.
Can you use a child and lift them into a window to count as burglary?
Yes it’s still the same, as if you are inside. Although if the child goes in only to open the door, no burglary at that time.
What does a building need?
4 walls and a roof!
Types of burglaries
Distraction
Dwelling
Non dwelling
Vehicle related burglary
Aggravated
WIFE?
Weapon of offence
Imitation firearm
Firearm
Explosive
Robbery - Can you fear for someone else?
If they victim does not know that force will be used on them, then no it can’t!
If the victim knows, Yes!
What’s a conveyance?
Constructed/built or adapted for the carriage of a person. Can include - Land, Water,Air
Can you TWOC a caravan?
No! Not constructed to carry people on a road whilst moving!
Can you TWOC a vehicle if it hasn’t moved, only the Ignition has started?
No you can’t, The vehicle needs to move!
Can you have an Attempted TWOC?
No, That would be vehicle interference
Difference between TWOC & Theft of a vehicle?
TWOC- Intending to give it back!
THEFT - 5 elements of theft complete, permanently depriving!
Does setting a boat a drift whilst not in it, count as a TWOC?
No it doesn’t! You need to be in the boat.
Can you put a conveyance on top of a motor vehicle?
Yes you can! Still counts as TWOC! Such as paddle boards! If the intent was to use it later!
Lawful defences of TWOC?
Didn’t know!
Honest held belief!
Mistaken belief!
Lawful authority!
What’s the offence if I take a pedal cycle without permission?
Theft of a pedal cycle! Not a TWOC.
Factors For Aggravated TWOC
Dangerous Driving
RTC resulting in damage to the vehicle or Property!
Injury to others
Can I Vehicle Interference a trailer?
Yes you can, Anything carried in or on the motor vehicle or trailer with the intent to Steal, Or TWOC.
Defences for handling stolen goods
Honest held belief
Believed the owner would have consented
Believed the owner couldn’t be traced
Definition of Handling stolen goods
They were stolen or dishonesty obtained, the goods were still stolen at the time of the handling, dishonestly, received the goods, or dishonestly, undertook, or assisted in their retention, removal, disposal, or the realisation by or for the benefit of another person, or arrange to do so.
Can a thief be a handler ?
NO! They can’t, if they are involved in the commission of a theft, they can’t handle the goods!
If I buy an iPhone 14 for 10 pound? Would I be arrested for handling?
Yes you would, knowing or believing the items were stolen counts! Remember, 20% suspicion - Arrest!
What offence? A stall is selling stolen cigarettes?
Handling Stolen Goods!
