Theft Act 1968 Flashcards
Define section 1 of the theft act 1968.
A person is guilty of THEFT if they DISHONESTLY APPROPRIATE PROPERTY BELONGING TO ANOTHER with the INTENTION of PERMANENTLY DEPRIVING the other of it. (Either way offence)
Explain the points to prove in an offence under section 1 of the theft act 1968
- Dishonestly - MENS REA. Will not be dishonest if they believe they have a right in law, have owners consent, taken reasonable steps to locate the owner.
- Appropriates - assumption by a person of the rights of the owner
- Property - Real, intangible, personal
- Belonging to another - must belong to another person. A person can have proprietary rights to property (e.g., a mechanic working on a car). Someone can be in possession of property (having the right to use the property as one’s own). A parecl courier can be in control of property.
- Intention to permanently deprive - MENS REA. Treating the property as their own regardless of the owner’s rights. Borrowing beyond the scope of the agreed terms. Parting with property under a condition of return.
Define section 13 of the theft act 1968.
A person is guilty of ABSTRACTING ELECTRICITY when he or she DISHONESTLY USES it WITHOUT DUE AUTHORITY or DISHONESTLY causes it to be diverted or wasted. (Either way offence)
Explain the points to prove in an offence under section 13 of the theft act 1968
- Dishonestly - MENS REA. Will not be dishonest if they believe they have a right in law, have owners consent, taken reasonable steps to locate the owner.
- Uses – implies a consumption of electricity that would not have been used without the act of the accused
- Without due authority - without proper authorisation
Define section 8 of the theft act 1968.
A person commits ROBBERY if they STEAL and IMMEDIATELY BEFORE DOING SO or at the time of doing so and IN ORDER TO SO USES FORCE ON ANY PERSON OR PUTS OR SEEKS TO PUT ANY PERSON in fear OF THEN AND THERE BEING SUBJECTED TO FORCE. (Indictable offence)
Explain the points to prove in an offence under section 8 of the theft act 1968
- Steal - Robbery cannot occur without a theft taking place.
- Immediately before - an unbroken chain of events between the force being used and the theft
- At the time - The force ‘used’ or the ‘putting or seeking to put in fear’ must be in order to commit the theft.
- Uses force - The stealing must be aggravated by force that is either: USED or THREATENED
- In fear - The stealing must be aggravated by force that is either: USED or THREATENED
Define section 9 (1) (A) of the 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 anything therein or,
INFLICT GREVIOUS BODILY HARM on any person therein or,
DAMAGE ANY PROPERTY therein.
Define section 9 (1) (B) of the theft act 1968.
A person is guilty of BURGLARY if HAVING ENTERED A BUILDING AS A TRESPASSER he goes on to:
STEAL or ATTEMPT TO STEAL anything therein or,
INFLICT or ATTEMPT TO INFLICT GREVIOUS BODILY HARM on any person therein.
Explain the points to prove in an offence under section 9 of the theft act 1968
- Enters - Accused has crossed a boundary, must be deliberate, entry can be by an innocent agent and an instrument (As long as the instrument is used to commit the relevant offence not just to gain entry)
- A building or part of a building - a building must have some degree of permenance, part of a building can be the till area in a shop.
- Trespasser - KNOW or are (subjectively) RECKLESS that they have crossed the boundary without either:CONSENT to do so (express or implied permission) or RIGHT BY LAW to do so
- Intent - Mens REA
Define section 10 of the theft act 1968.
A person is guilty of AGGRAVATED BURGLARY if he commits any burglary and at the time has with him:
Weapon of offence or,
any Imitation firearm or,
any Firearm or,
any Explosive.
In which burglary do you bring the WIFE?
Section 10 theft act AGGRAVATED BURGLARY.
