Theft Act Flashcards

1
Q

Theft Definition

A

A person is guilty of theft if he dishonestly
appropriates
property
belonging to another
With the intention of permanently depriving the other of it.

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2
Q

What kind of offence is Theft?

When was it established?

A

Either Way Offence

1968

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3
Q

What is the penalty for Theft in both courts?

A

Magistrates - 6 months and a fine

Crown Court - 7 years

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4
Q

What are the 5 sections of theft?

A

Dishonesty
Appropriates
Property
Belonging to another
Intention to permanently deprive

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5
Q

Dishonesty Definition

A

Committing an act knowing it was wrong and acting with dishonesty

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6
Q

Appropriates Definition

A

Assuming the rights of the owner

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7
Q

Property Definition

A

The property belongs to someone else. Does not include wild animals or land unless taking and sold

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8
Q

Belonging to another Definition

A

Property owned by someone, or borrowed by a trusted person, they assume the rights of the owner

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9
Q

Intention to permanently deprive Definition

A

Taking an item with the idea and intention to permanently keep the item.

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10
Q

What may items given to charity be used for?

A

Charity, nothing else outside of its intended purpose

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11
Q

What are the two types of Burglary?

A
  • Section 9(1)(a)
  • Section 9(1)(b)
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12
Q

Fraud by False Representation

A

Dishonestly makes a false representation, by making the representation to make gain for themself

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13
Q

Fraud by failing to disclose information

A

Dishonestly fails to disclose to another person information which they are legally required to disclose

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14
Q

Fraud by abuse of position

A

Occupies a position in which he is expected to a safeguard but dishonestly abuses that position

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15
Q

Section 9(1)a Definition

A

Person is guilty if they enter a building as a trespasser with intent to:

  • Steal anything
  • Cause criminal damage
  • Inflict GBH injuries
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16
Q

Section 9(1)b Definition

A

A person guilty if entering building, acting on men’s rea and stealing something in that building (or inflicts GBH)

17
Q

What is aggravated burglary?

A

Acronym: WIFE

  • Weapon of offence
  • Imitation firearm
  • Firearm
  • Explosive

Guilty of any burglary with any of the above with them.

18
Q

When does a burglary attempt become relevant and in play?

A

Once you enter a building, even without theft intent.

19
Q

What elements of theft are needed for punishments to be present?

A

All of them!

20
Q

Blackmail:

A

With a view to gain something for himself and with intent to cause a loss to another. Any unwarranted demand with menaces.

21
Q

What type of offence is Blackmail?

A

Indictable offence (CC)

22
Q

What type of offence is Making off Without Payment?

A

Either Way Offence

23
Q

Aggravated TWOC:

A

Basic TWOC with a mechanical vehicle and after it was taken:

  • Driven dangerously
  • Accident occurred causing injury
  • Damage to people or property
  • Damage to vehicle
24
Q

What type of offence is Burglary?

A

Either Way Offence

25
Q

What type of offence is Aggravated Burglary?

A

Indictable

26
Q

What type of offence is Robbery?

A

Indictable

27
Q

What kind of offence is TWOC?

A

Summary only

28
Q

What kind of offence is an Aggravated TWOC?

A

Either Way Offence