Theft Act 1968 Flashcards

1
Q

Theft

Sect 1 Theft Act 1968

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

A
Points 2 Prove- 
Dishonestly
Appropriates
Property
Belonging to Another
Intention of Permanently Depriving

Triable Either Way
Up to 7 years imprisonment

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2
Q

Abstracting Electricity

Sect 13 Theft Act 1968

Definition
A person who dishonestly uses without due authority or dishonestly causes to be wasted or diverted, any electricity shall on conviction on indictments be liable to imprisonment for a term not exceeding 5 years

A

Bypassing an electric meter to avoid paying bills.
Leaving lights on to waste electricity
Cannabis Factory

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3
Q

Burglary

Sect 9(1)(a)

Definition
A person is guilty of burglary if he enters any building or part or a building as a trespasser and with the intent to, Steal anything in the building or part of a building, Of inflicting on any person therein any grievous bodily harm and of doing unlawful damage to the building or anything therein

A

Entering a building for a purpose other than the intended purpose of that building
Must have ‘Mens Rea’

Must have Intent to carrying out an act

Triable Either Way
Up to 14 years imprisonment

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4
Q

Burglary

Sect 9(1)(b)

Definition
A person is guilty of burglary if having entered any building or part of a building as a trespasser he steals or attempts to seta anything in the building or that part of it, or inflicts or attempts to inflict on any person therein any grievous bodily harm

A

Entering a building as a trespasser and while in the building carries out an act

Only when an act is carried out

Triable Either Way
Up to 14 years imprisonment

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5
Q

Aggravated Burglary

Sect 10 Theft Act 1968

Definition
A person is guilty of aggravated burglary if he commits any burglary and at the time has with him any firearm or imitation firearm, any weapon of offence or any explosive

A

W- Weapon of offence
I- Imitation Firearm
F- Firearm
E- Explosive

Has a burglary been committed?

Triable Indictable
Life Imprisonment

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6
Q

Robbery

Sect 8 Theft Act 1968

Definition
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 seeks to put any person in fear of being then and there subjected to force

A

All points to prove for theft need to be proven
Force or a threat of force

Triable Indictable
Life imprisonment

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7
Q

TWOC

Sect 12 Theft Act 1968

Definition
A person shall be guilty of an offence if, without having the consent of the owner or other lawful authority, he takes nay conveyance for his own or another’s use, or knowing that any conveyance has been taken without such authority, drives it or allows him to be carried in or on it

A

Usually the vehicles are left abandoned so the theft is not made out (no intention to permanently deprive)

Triable Summary
Up to 6 months imprisonment

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8
Q

Handling Stolen Goods

Sect 22 Theft Act 1968

Definition
A person handles stolen good if, otherwise than in the course of the stealing, knowing or believing them to be stolen goods he dishonestly receives the goods, or dishonestly undertakes or assists in their retention, removal, disposal or realisation by or for the benefit of another person, or if he arranges to do so.

A

When a suspect cannot account being being in possession of property.

Triable Either Way
Up to 14 years imprisonment

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9
Q

Making off Without Payment

Sect 3 Theft Act 1968

Definition
A person who, knowing that payment on the spot for any goods supplied or service done is required or expected from them, dishonestly makes off without having paid as required or expected and with intent to avoid payment of the amount due shall be guilty of an offence’

A

‘Bilking’
Only includes legal goods / services

Triable Either Way
Up to 2 years imprisonment

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10
Q

Going Equipped for Stealing

Sect 25 Theft Act 1968

Definition
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 of or in connection with any burglary or theft

A

Abode- where someone lives
Have with - on person or hidden nearby

Cannot be committed if coming away from the crime

Triable Either Way
Up to 3 years imprisonment

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