Theft Flashcards

1
Q

Sections and Act for Theft

A

S1-7 Theft Act 1968

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2
Q

Definition for S1-7 Theft Act 1968

Theft

A
  • Dishonestly
  • appropriates
  • property
  • belonging
  • to another
  • with intent to permanently deprive the other of it.
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3
Q

What are the defences to theft?

A
  • Belief in law of the right to deprive the other
  • belief they would have had owners consent
  • Owner cannot he found
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4
Q

What are the Four F’s in relation to theft?

A

Wild:

Flowers
Fruit
Fungi
Foliage

Picked - Not theft unless for reward

Uprooted - Theft

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5
Q

Can you commit theft of a wild creature

A

No - unless reduced into possession of another

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6
Q

What section and act is Robbery.

A

S8 Theft Act 1968

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7
Q

What is the definition of S8 Theft Act 1998

Robbery

A
  • 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.

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8
Q

What section and act is burglary?

A

S9(1) Theft Act 1968

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9
Q

What is the definition of S9 (1) Theft Act 1968

Burglary

A
  • Enters
  • building/ part of building
  • as a trespasser
  • with INTENT to
  • do unlawful damage
  • inflict GBH
  • steals
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10
Q

What section and act is Burglary, where intent is formed after entering as a trespasser?

A

S9(1)b Theft Act 1968

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11
Q

What is the definition of S9(1)b Theft Act 1968

A
  • Having enter
  • building/ part of a building
  • as trespasser
  • inflicts/ attempts GBH
  • steals/ attempts to steal.
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12
Q

What section and act is Aggravated Burglary?

A

S10 Theft Act 1968

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13
Q

What is the definition of S10 Theft Act 1968

Aggravated Burglary

A
  • commits burglary
  • and at time has with them

-WIFE

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14
Q

What is WIFE?

A

Weapon of offence
Imitation Firearm
Firearm
Explosive

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15
Q

What section and act is TWOC?

A

Section 12 Theft Act 1968

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16
Q

What is the definition of S12 Theft Act 1968

TWOC

A
  • 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

17
Q

What section and act is TWOC of a Pedal Cycle

A

S12(5) Theft Act 1968

18
Q

What section and act is Aggravated TWOC

A

S12A Theft Act 1968

19
Q

What is the definition of S12A Theft Act 1968

Aggravated TWOC

A
  • 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

20
Q

What section and act is Abstracting Electricity?

A

S13 Theft Act 1968

21
Q

What is the definition of S13 Theft Act 1968

Abstracting Electricity

A
  • 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

22
Q

What section and act is Making Off Without Payment (MOWP)

A

S3 Theft Act 1978

23
Q

What is the definition of S3 Theft Act 1978?

MOWP

A
  • 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

24
Q

What section and act is Vehicle Interference?

A

S9 Criminal Attempts Act 1981

25
Q

What is the definition of S9 Criminal Attempts Act 1981?

Vehicle Interference

A
  • 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)

26
Q

What section and act is handling stolen goods?

A

S22 Theft Act 1968

27
Q

What is the definition of S22 Theft Act 1968?

Handling Stolen Goods

A
  • 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
28
Q

Complete the following:

  • Otherwise than in ……
  • ……../………
  • ………….. goods.
A
  • Otherwise than in course of stealing
  • knows/ believes
  • stolen goods
29
Q

Complete the following:

  • ……… receives ………

or

  • undertakes or assists in
  • ………….
  • ………….
  • ………….
  • ………….
A
  • dishonestly receives goods

or

  • undertakes or assists in
  • Retention
  • Removal
  • Disposal
  • Realisation
30
Q

Complete the following:

  • by/ ……………………..
    Or
  • ………… to do so.
A
  • by/ for Benidorm of another person
    Or
  • arranges to do so.