Theft Flashcards
Sections and Act for Theft
S1-7 Theft Act 1968
Definition for S1-7 Theft Act 1968
Theft
- Dishonestly
- appropriates
- property
- belonging
- to another
- with intent to permanently deprive the other of it.
What are the defences to theft?
- Belief in law of the right to deprive the other
- belief they would have had owners consent
- Owner cannot he found
What are the Four F’s in relation to theft?
Wild:
Flowers
Fruit
Fungi
Foliage
Picked - Not theft unless for reward
Uprooted - Theft
Can you commit theft of a wild creature
No - unless reduced into possession of another
What section and act is Robbery.
S8 Theft Act 1968
What is the definition of S8 Theft Act 1998
Robbery
- commits theft
- and immediately before
- or at time of doing so
AND - in order to do so
- uses force on any person
- or puts/ seeks to put (INTENT)
- any person
- in fear of being
- subjected then and there to force
THEFT MUST BE IN ORDER TO COME INTO POSSESSION. NOT TO ESCAPE FOLLOWING THEFT.
What section and act is burglary?
S9(1) Theft Act 1968
What is the definition of S9 (1) Theft Act 1968
Burglary
- Enters
- building/ part of building
- as a trespasser
- with INTENT to
- do unlawful damage
- inflict GBH
- steals
What section and act is Burglary, where intent is formed after entering as a trespasser?
S9(1)b Theft Act 1968
What is the definition of S9(1)b Theft Act 1968
- Having enter
- building/ part of a building
- as trespasser
- inflicts/ attempts GBH
- steals/ attempts to steal.
What section and act is Aggravated Burglary?
S10 Theft Act 1968
What is the definition of S10 Theft Act 1968
Aggravated Burglary
- commits burglary
- and at time has with them
-WIFE
What is WIFE?
Weapon of offence
Imitation Firearm
Firearm
Explosive
What section and act is TWOC?
Section 12 Theft Act 1968
What is the definition of S12 Theft Act 1968
TWOC
- without consent
- of owner/ lawful authority
- takes any conveyance
- for his/ her own, or another’s use
or
- knowing it has been taken without consent
- drives it
or
- allows him/ her to be carried in/ on it.
MOVEMENT MUST OCCUR
INCLUDES BREACHING CONDITIONS OF USE
What section and act is TWOC of a Pedal Cycle
S12(5) Theft Act 1968
What section and act is Aggravated TWOC
S12A Theft Act 1968
What is the definition of S12A Theft Act 1968
Aggravated TWOC
- MPV
- TWOC
- Driver/ Passenger
a) driven dangerously
b) accident occurs, injury to any person
c) damage cause other that to MPV
d) damage caused to MPV
What section and act is Abstracting Electricity?
S13 Theft Act 1968
What is the definition of S13 Theft Act 1968
Abstracting Electricity
- dishonestly
- without due authority
- uses
or
- wastes/ diverts electricity
WASTE - can be act or omission
- don’t have to benifit
USE - use that wouldn’t normally occur
- includes batteries
What section and act is Making Off Without Payment (MOWP)
S3 Theft Act 1978
What is the definition of S3 Theft Act 1978?
MOWP
- person
- knowing that
- payment on the spot
- for goods supplied/ services done
- is required or expected
- dishonestly
- makes off
- without having paid
- with intent
- to avoid payment
DISHONEST AROUND PAYMENT
DISHONEST INTENT FORMED AFTER APPROPRIATION
What section and act is Vehicle Interference?
S9 Criminal Attempts Act 1981
What is the definition of S9 Criminal Attempts Act 1981?
Vehicle Interference
- interferes
- with MV/ Trailer
- or anything carried in/ on
- with intent
- he or another will
a) steal anything in/ on
b) steal MV/ trailer
c) commit TWOC
PREPARATORY OFFENCE PRIOR TO ATTEMPTED THEFT/ TWOC.
ATTEMPTED THEFT/ TWOC REQUIRES BEIBG. IN DRIVERS SEAT AND ATTEMPTING TO DRIVE (IN GEAR, ENGINE ON)
What section and act is handling stolen goods?
S22 Theft Act 1968
What is the definition of S22 Theft Act 1968?
Handling Stolen Goods
- otherwise than in the course of stealing
- knows/ believes
- stolen goods
- dishonestly receives goods
Or - undertakes/ assists in
- Retention/ Removal/ Disposal/ Realisation (convert into cash)
- by/ for benefit of another person
- or arranges to do so
Complete the following:
- Otherwise than in ……
- ……../………
- ………….. goods.
- Otherwise than in course of stealing
- knows/ believes
- stolen goods
Complete the following:
- ……… receives ………
or
- undertakes or assists in
- ………….
- ………….
- ………….
- ………….
- dishonestly receives goods
or
- undertakes or assists in
- Retention
- Removal
- Disposal
- Realisation
Complete the following:
- by/ ……………………..
Or - ………… to do so.
- by/ for Benidorm of another person
Or - arranges to do so.
