theft Flashcards
theft
s.1(1) theft act 1968
ptp
dishonesty appropriation property belonging to another intention of permanently depriving the other of it
case law for
s.2(1) TA 68 - dishonesty
R V Ghosh 1982
twoc
s12 (1) theft act 68
ptp
without having consent
or lawful authority
takes any conveyance
for his own or another’s use
conveyance has been taken without authority
drives it or allows to be carried in or on it
examples of; without consent
intimidation
fraud
in excess of authority
conveyance
s.12(7) Theft act 1968
something that is driven to carry people. not including skateboards/lawn mower ect
punishment of twoc
6 months and or a scale 5 fine
burglary s.9 Theft Act 1968 a) ptp
enters a building
as a trespasser
with intent
to steal/inflict gbh/ cause unlawful damage
burglury s.9(1) a) types of entry
physical/instrument/innocent agent
burglury a) tresspass
must know he is tresspassing and without possessers permission
burglury s.9(1) b)
intending to steal/ inflict gbh/ cause unlawful damage having already entered a building
punishment for burglary
dwelling - 14 years
any other cases - 10 years
aggravated burglary
if the offender has WIFE with them
WIFE
weapon of offence
Imitation firearm
firearm
explosive
agg burglury;
an offensive weapon can be reffered to as being
made adapted or intented.
going equipped
s25 theft act 1969
any article for use in connection with burglary or theft when not at his abode.
robbery s8 theft act 1968
use immediate force or threat to use in order to steal something.
theft
when are actions not considered dishonest?
a) believes, in law, has the right to deprive other of it
b) believes would have the other persons consent
c) believes wouldn’t find the owner through taking reasonable steps
what is the objective test
ordinary person would believe they were dishonest in their actions
what is the subjective test
should the person stealing realise their actions are dishonest
