Theft Act 1968 Flashcards
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
Points 2 Prove- Dishonestly Appropriates Property Belonging to Another Intention of Permanently Depriving
Triable Either Way
Up to 7 years imprisonment
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
Bypassing an electric meter to avoid paying bills.
Leaving lights on to waste electricity
Cannabis Factory
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
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
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
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
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
W- Weapon of offence
I- Imitation Firearm
F- Firearm
E- Explosive
Has a burglary been committed?
Triable Indictable
Life Imprisonment
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
All points to prove for theft need to be proven
Force or a threat of force
Triable Indictable
Life imprisonment
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
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
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.
When a suspect cannot account being being in possession of property.
Triable Either Way
Up to 14 years imprisonment
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’
‘Bilking’
Only includes legal goods / services
Triable Either Way
Up to 2 years imprisonment
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
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