Theft Act 1968

Question 1

Definition of Theft under the Theft Act

Answer 1

A person is guilty of theft if they dishonestly appropriate the belongings of another with the intention of permanently depriving the other of it.

Question 2

Points to prove - dishonesty

Answer 2

1. Subjective Test
   - did the defendant realised what he was doing was dishonest
2. Objective Test
   - was the defendant’s conduct dishonest according to the standards of reasonable and honest people

Question 3

Points to Prove - Appropriate

Answer 3

To assume the rights of an owner of property.
- can initiate appropriate innocently but later decide to keep it
- can be over any period of time (e.g. pickpocket drops stolen purse = still theft)

Question 4

Points to Prove - Property

Answer 4

Includes money and all other property, including things in action and intangible property

Question 5

Points to Prove - Belonging

Answer 5

Property belongs to another if they have possession or control of it, a proprietary right or an interest in it

Question 6

Points to Prove - Intention

Answer 6

Have to prove intention to permanently deprive victim of it
- e.g. keeping it, selling it, eating it, destroying it

Question 7

What is the definition of Robbery? (Section 8 Theft Act)

Answer 7

A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.

Question 8

What is a Section 9(1)(a) Burglary? (DIT)

Answer 8

Entering a building/part of a building with intent to commit any of the offences of:
- stealing (in/part of),
- inflicting GBH,
- doing unlawful damage to the building/anything therein

Question 9

What is a Section 9(1)(b) Burglary? (IT)

Answer 9

If, having entered a/part of a building as a trespasser, they
- steal/attempt to steal
- inflict/attempt to inflict GBH

Question 10

What is a Section 10(1) Aggravated Burglary? (WIFE)

Answer 10

A person is guilty of an aggravated burglary if they commit burglary and, at the time, has with him any
- Weapon
- Imitation firearm
- Firearm
- Explosive

Question 11

What is Section 12 of the Theft Act 1968?

Answer 11

Taking a Vehicle Without Consent

Question 12

What is the definition of TWOC?

Answer 12

Taking a motor vehicle or other conveyance for his or another’s use, without consent or, knowing that it has been taken without authority, drives it or allows himself to be carried in/on it

Question 13

When does TWOC count as an offence?

Answer 13

• when the conveyance moves
• when the purpose for taking it was to be used as a conveyance

Question 14

What are the defences for TWOC?

Answer 14

If they can show they
- had lawful authority
- would’ve had the owner’s consent if owner knew what the person had done/what the circumstances were

Question 15

What is an Aggravated TWOC? (DIVO)

Answer 15

When a person takes a vehicle without owners consent and, before it is recovered, one of these circumstances occurred:
- dangerous driving
- injury caused
- damage to vehicle
- damage to other

Question 16

What is the definition of taking a pedal cycle without owner’s consent?

Answer 16

Taking a pedal cycle without owner’s consent or lawful authority, for the use of themselves or another or, knowing it to be taken without such authority, rides it