Theft Act 1968 Flashcards
What are the points to prove for Theft - S1 Theft Act 1968?
A person is guilty of theft if he;
- Dishonestly
- Appropriates
- Property
- Belonging to another
- With the intention of permanently depriving the other of it.
What are the points to prove for Robbery - S8 Theft Act 1968?
A person is guilty of Robbery if he,
- Steals property
- Immediately before or at the time of doing so
- and in order to do so
- Used force on a person or put/sought to put person in fear of immediate force (Being applied to them)
What are the points to prove for 9(1)(a) Burglary - S9(1)(a) Theft Act 1968?
A person is guilty of burglary if he;
- Enters
- A building or part of a building
- As a trespasser
- With intent to:
- Steal property therein
- Inflict GBH on a person therein
- Do unlawful damage therein
Note: The person must have the mens rea of entering with the intention to DIRT. This must have been formed prior to entering a building or part of it
What is DIRT under Burglary S9(1)(a)?
D - Damage
I - Inflict GBH
R - Remember
T - Theft
What are the points to prove for S9(1)(b) Burglary - S9(1)(b) Theft Act 1968?
A person is guilty of Burglary if;
- Having entered
- A building or part of a building
- As a trespasser
- Steals or attempts to steal anything therein (Theft)
OR
- Inflicts or attempts to inflict GBH on any person therein. (Inflict GBH)
Actus Reus of Burglary - Act of having entered and goes onto IT.
I - Inflict GBH
T - THEFT
What is IT under Burglary S9(1)(b)
I - Inflict GBH
T - Theft
What are the points to prove for Aggravated Burglary - S10 Theft Act 1968?
A person is guilty of aggravated burglary if he;
- Commits a burglary
- had with them
- Firearm, Imitation firearm, weapon of offence/ explosive
W - Weapon of offence (Made or adapted for causing injury or incapacitation)
I - Imitation firearm
F - Firearm
E - Explosive
What are the points to prove for Take a Motor Vehicle or Other Conveyance Without Authority - S12 Theft Act 1968?
Summary Offence
A person shall be guilty of an offence if;
- Without consent of the owner / lawful authority
- Took Conveyance
- For his / another’s use
What are the points to prove for Aggravated Vehicle Taking - S12a Theft Act 1968?
Summary
- Commits offence under S12 in relation to Mechanically Propelled Vehicle.
- At any time after the vehicle was taken and before it was recovered.
One or more of the following applies:
a) Vehicle was driven dangerously on a road or other public place.
b) Owing to the driving of the vehicle, an accident occurred causing:
- Damage to any property (other than the vehicle)
- Injury to any person
- Damage was caused to the vehicle.
What are the points to prove for Abstracting Electricity - S13 Theft Act 1968?
Either way
A person who;
- Dishonestly
- Used without due authority
OR
- Caused to be wasted or diverted
What are the points to prove for Handling Stolen Goods - S22 Theft Act 1968?
Either way
A person handles stolen goods if,
- Otherwise than in the course of stealing
- Knows / believes goods to be stolen
- Dishonestly receives them
OR
- Dishonestly undertook / assisted
- In the retention / removal / disposal / realization of them
- Or arranged to do so
- By / for the benefit of another
What are the points to prove for Making Off Without Payment (Bilking) - S3 Theft Act 1968?
Either way
A person who knowing that;
- Immediate payment was required / expected
- Goods supplied or services done
- Dishonestly
- Made off
- Without having paid as required / expected
- With intent to avoid payment of amount due
What are the points to prove for Going Equipped to Steal - S25 Theft Act 1968?
Either way
A person shall be guilty of an offence if;
- When not at his place of abode,
- He has with him any article
- For use in the course or in connection with
- Any burglary, theft or TWOC
The article must be readily accessible e.g. in boot of car, hidden in bush a few meters away etc
