theft Flashcards

1
Q

theft
s.1(1) theft act 1968
ptp

A
dishonesty
appropriation
property
belonging to another
intention of permanently depriving the other of it
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2
Q

case law for

s.2(1) TA 68 - dishonesty

A

R V Ghosh 1982

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3
Q

twoc
s12 (1) theft act 68
ptp

A

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

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4
Q

examples of; without consent

A

intimidation
fraud
in excess of authority

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5
Q

conveyance

s.12(7) Theft act 1968

A

something that is driven to carry people. not including skateboards/lawn mower ect

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6
Q

punishment of twoc

A

6 months and or a scale 5 fine

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7
Q

burglary s.9 Theft Act 1968 a) ptp

A

enters a building
as a trespasser
with intent
to steal/inflict gbh/ cause unlawful damage

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8
Q

burglury s.9(1) a) types of entry

A

physical/instrument/innocent agent

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9
Q

burglury a) tresspass

A

must know he is tresspassing and without possessers permission

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10
Q

burglury s.9(1) b)

A

intending to steal/ inflict gbh/ cause unlawful damage having already entered a building

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11
Q

punishment for burglary

A

dwelling - 14 years

any other cases - 10 years

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12
Q

aggravated burglary

A

if the offender has WIFE with them

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13
Q

WIFE

A

weapon of offence
Imitation firearm
firearm
explosive

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14
Q

agg burglury;

an offensive weapon can be reffered to as being

A

made adapted or intented.

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15
Q

going equipped

s25 theft act 1969

A

any article for use in connection with burglary or theft when not at his abode.

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16
Q

robbery s8 theft act 1968

A

use immediate force or threat to use in order to steal something.

17
Q

theft

when are actions not considered dishonest?

A

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

18
Q

what is the objective test

A

ordinary person would believe they were dishonest in their actions

19
Q

what is the subjective test

A

should the person stealing realise their actions are dishonest