theft and burglary week 8

Question 1

what are the 5 definitional elements of theft?

Answer 1

• dishonesty
  -intention of permanently depriving another
• appropriation
  -property
• belonging to another

Question 2

what is the max penalty for theft?

Answer 2

7 years

Question 3

define theft

Answer 3

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

Question 4

what parts of theft are the mens rea elements?

Answer 4

• dishonesty
• intention to permanently deprive

Question 5

what parts of theft are the actus reus parts?

Answer 5

• appropriation
• property
• belonging to another

Question 6

what is appropriation?

Answer 6

assuming the rights of an owner. rights of an owner may include: the right to sell,damage,give it away etc

Question 7

what does property include in the theft act?

Answer 7

includes money and all other property real or personal including things in action and other intangible property

Question 8

what section of the theft act 1968 does appropriation come under?

Answer 8

section 3

Question 9

what section of the theft act 1968 does property come under?

Answer 9

section 4

Question 10

what is a thing in action?

Answer 10

a right to sue e.g if X owes Y a debt, Y owes a thing in action which is the right to sue

Question 11

what is an example of intangible property and why is it intangible?

Answer 11

a cheque, it is intangible as its just a piece of paper. intangible property is normally a piece of paper worth something

Question 12

what section of the theft act 1968 does belonging to another come under?

Answer 12

5

Question 13

define belonging to another in relation to the theft act 1968

Answer 13

property that a person possesses of has control of it or having a proprietary right or interest ( get something out of it)

Question 14

what is the dishonesty test?

Answer 14

ivey test

Question 15

what was the original test for dishonesty+ why was it updated?

Answer 15

Ghosh test, it was removed due to being subjective

Question 16

what are the questions asked in the two-stage test for dishonesty?

Answer 16

1. what was the defendents actual state of knowledge or belief as to the facts
2. w

Question 17

what section does intention to permanently deprive come under in the theft act 1968

Answer 17

6

Question 18

define the intention to permanently deprive under the theft act 1968

Answer 18

to treat the item as their own to dispose of regardless of the owners rights

Question 19

give examples of how someone may permanently deprive an owners item

Answer 19

• retaining the property
• consuming it
• selling it
  destroying it
• abandoning it where the owner is unlikely to recover it
  -keep it until of nof urther use to the owner

Question 20

what section does abstracting electricity fall under the theft act 1968

Answer 20

13

Question 21

when is someone guilty of abstracting electricity?

Answer 21

when he dishonestly used it wihtout due authority or dishonesty causes it to be diverted or wasted

Question 22

what are the actus reus definitional elements of burglary

Answer 22

1. entry
2. building
3. dwelling
4. trespasser

Question 23

what does entry mean as a definitional element of burglary?

Answer 23

there must be an effective and substantial entry into a building as a trespasser

Question 24

what does building mean as a definitional element of burglary?

Answer 24

understood to be any structure that is designed to be used for some form of human activity

Question 25

what does part of a building mean as a definitional element of burglary?

Answer 25

if an individual enters a portion of a larger structure such as a flat in a block of flats

Question 26

give examples of what wont be a building for burglary offences

Answer 26

temporary structures e.g - tents -marquees

Question 27

what does a dwelling mean as a definitional element of burglary?

Answer 27

refers to a building or part of a building that is used or intended to be used as a place where people live or sleep

Question 28

what does a trespasser mean as a definitional element of burglary?

Answer 28

individual must enter a building or part of a building without consent of the occupier or legal authority

Question 29

what is artifice burglary?

Answer 29

type of burglary where the perpetrator used deceit,trickery or manipulation to gain entry to a property or steal from the victim

Question 30

what is aggravated burglary?

Answer 30

if he commits any burglary and at the time has any firearm or imitation firearm, any weapon or any explosive