Theft Flashcards
What is the definition of theft?
A person is guilty if they dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it
What are the points to prove for theft?
Dishonesty - the intention Appropriates - the act Property - the act Belonging to another - the act Intention of permanently depriving the other of it - the intention
Define S9 (1) (a) of the Theft Act 1968
Burglary -
he enters any building or part of a building as a trespasser and with intent to steal, commit criminal damage and/or GBH
Define S9 (1) (b) of the Theft Act 1968
Burglary -
having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm
What section does theft come under in the Theft Act 1968
S1
If someone made false representation to gain access to a building or part of a building, would this constitute as trespassing?
Yes
Define S10 Theft Act 1968
Aggravated burglary - A person is guilty of aggravated burglary if he commits burglary and at the time has with him: Weapon of offence Imitation firearm Firearm Explosives (Think mnemonic W.I.F.E)
Define S8 of the Theft Act 1968
A person is guilty of robbery if they steal and immediately before so, or at the time of doing so, an in order to do so, uses force on any person, or puts or seeks to put any person in fear of being then and there subjected to force
What other offence must occur for someone to be guilty of S8 Robbery?
S1 Theft
Describe S12 Theft Act 1968
Taking a conveyance - a person shall be guilty of an offence if:
Without the consent of the owner or other lawful authority, he/she takes any conveyance for his/her own or another use, or knowing that any convenience has been taken without such authority, drives it, or allows himself to be carried in or on it.
Is S12 an summary only, indictable or either way offence?
Summary only
What is a conveyance in relation to S12 Theft Act 1968
Anything constructed or adapted to carry persons by land, water and/or air
Describe S12 (a) of Theft Act 1968
Aggravated vehicle taking - This offence is committed if:
1) Vehicle was driven dangerously on a road or other public place
2) Owing to the driving of the vehicle an accident occurred by which a person was injured and/or damage to property.
3) Damage was caused to the vehicle
Describe S12 (5) Theft Act 1968 and what is the penalty?
Taking a pedal cycle without consent of the owner - fine
Describe S3 Theft Act 1968
Making off without payment -
A person who, knowing that payment on the spot for any goods supplied or services done is required or expected from him, dishonestly makes off without having paid as requested or expected and with intent to avoid payment of the amount due