Theft, Burglary, Robbery and Fraud

Question 1

Five key concepts of theft?

Answer 1

Dishonesty

Appropriation

Property

Belonging

The intention to permanently deprive

Question 2

When is a person not acting dishonestly?

Answer 2

They had a lawful right to taken an item (taking a coat back that someone takes from a cloakroom)

They would have had the owner’s consent in the circumstances (borrowing neighbours tools)

The owner cannot be discovered be taking reasonable steps (finding cash in street)

Question 3

What are the two tests used in court to establish dishonesty?

Answer 3

Was the defendant’s knowledge and beliefs about what took place reasonable?

Would an everyday honest person considered their acts dishonest?

Question 4

What is appropriation?

Answer 4

Appropriation is assuming the rights of an owner of property by keeping it or controlling it’s movements

Question 5

What is property?

Answer 5

Property’s common meaning is a moveable object or an individual’s personal property.

Does also include ideas, air in a tank, space in a skip, logos

NOT electricity

Question 6

When does something belong to a person?

Answer 6

They are either the owner

had a propriertary interest (mechanic that has worked on a car and yet to be paid)

possession (someone hiring a car)

control

Question 7

What is the intention to permanently deprive?

Answer 7

When someone treats another person’s property as their own.

Could include:

Borrowing and lending over an extended time scale

Pawning an item that belongs to another person

Question 8

How is robbery defined?

Answer 8

Robbery is the act of stealing from a person while using (or threatening) force/violence

Question 9

How is a person guilty of robbery?

Answer 9

If a person steals (and immediately before or at the time of doing so) and

in order to do so

uses force

on any person or puts or seeks to put any person in fear

of being then and there subjected to force

Question 10

What type of offence is robbery?

Answer 10

Indictment

Question 11

How is burglary committed?

Answer 11

A person is guilty of burglary if they enter any building (or part of) as a trespasser

either with the intent and/or carries out

unlawful damage to the buildig/steal anything/inflict grevious bodily harm

Question 12

How is entry defined?

Answer 12

In person (more than minimal insertion)

Using an article as an extension of the human body

Using a blameless accomplice

Question 13

What is aggravated burglary?

Answer 13

Aggravated burglarly involves the use of weapons or explosives to commt burglary

The item needs to be with them (including in a bag)

As normal burglary, is offences for intent and committing

Anyoner present and knows about the weapon possession is committing the offence

Question 14

what type of offence is aggravated burglary?

Answer 14

Indictment

Question 15

What is a building?

Answer 15

A structure of considerable size designed to be permanent or endure for considerable time

If has walls and roof, is considered a building

Inhabited caravans count but not those empty during winter

Question 16

How is handling stolen goods defined?

Answer 16

The offence is committed when a person handles goods that they known or believe to have been stolen.

A person could receive the item or agrees to/assist with their retention/removal/disposal/realisation (sale)

Receiver does not need to gain from handling

Receiver must know the goods are stolen

Receiver can still offend if negotiating the receipt of the goods

Question 17

What is a wrongful credit?

Answer 17

A credit is wrongful if the finds concerned were derived from theft, blackail, fraud, or stolen goods

Question 18

What is going equipped?

Answer 18

It is an offence for a person if when not at their place of abode to have with them any article for use in the course of, or in connectio with any burglarly or theft.

Can only be an offence if the suspect is on their way to commit a theft

Includes having the article ready to hand (nearby)

Question 19

What is abstracting electricity?

Answer 19

An offence if someone dishonestly uses without due authority or dishonestly causes any electricity to be wasted or diverted.

Question 20

Explain Taking a Conveyance without the Owners’ Consent or Authority (TWOC)

Answer 20

An offence if someone

without having consent of the owner (not under duress)

or other lawful authority

takes any conveyance for their own or another’s use

or knowing that any conveyance has been taken without such authority

drives it or allows themselves to be transported in it (must know it has been stolen)

Is possible to exceed previous authority given (driving a car further than agreed) and doesn’t include pedal cycles.

Question 21

Can taking a conveyance without the owners’ consent be attempted?

Answer 21

No, would possibly be vehicle interference or tampering with a motor vehicle.

Question 22

Explain aggravated vehicle taking

Answer 22

If a vehicle has been taking without consent and is then driven dangerously in a public place or an accident occurs due to the driving of the vehicle.

Aggravated events must take place after the vehicle has been taken.

Person who is driving commits the offence, doesn’t need to have stolen it themself

Question 23

Explain interference with a motor vehicle

Answer 23

It is an offence for a person to interfere with a motor vehicle or with anything carried in a vehicle with the intention of committing:

Theft of the vehicle

Theft of anything in it

Taking a conveyance

Difficult to prove intent though.

Question 24

What is making off without payment (bilking)?

Answer 24

It is an offence for a person who, knowing that payment on the spot for any goods supplied or service done

Question 25

What act does theft fall under?

Answer 25

s1 (1) of the theft act

Question 26

What is the intention to permanently deprive?

Answer 26

Someone treating another person’s property as their own.

E.g. lending something to someone else having borrowed it or pawning it

Question 27

What act does robbery fall under?

Answer 27

s8 of the Theft act 1968

Question 28

How could someone be put in fear in terms of a robbery?

Answer 28

Victims statement show they were put in fear

or

The state of mind of the suspect and evidence (had the suspect been holding a weapon)

Question 29

Can force be threatened to a third person in a robbery?

E.g. “Give me your money or I’ll stab that person over there”

Answer 29

The third person must know about the threat

Question 30

When must the force be used during a robbery?

Answer 30

Immediately before or during the theft, not after

Question 31

What act does Blackmail come under?

Answer 31

S21 (1) of the Theft act 1968

Question 32

How is blackmail defined?

Answer 32

A person commits the offence if they make any unwarranted demand with menaces with a view to making a gain (with themselves or any other person) or with intent to cause a loss to any other person.

Demand must be unwarranted and reasonable

For non verbal communication, threat is made as soon as the communication is sent, not received.

Question 33

What act does aggravated burglary fall under?

Answer 33

s10 of the theft act 1968

Question 34

What act does burglary fall under?

and how do the two offences differ?

Answer 34

s 9 of the Theft Act 1968

9 (1)(a) is the intent to commit the burglary (inc criminal damage to building)

9(1)(b) is the act of carrying out the burglary (only includes theft or GBH)

Question 35

How can someone trespass for a burglary?

Answer 35

Entering a building other than which it was intended

Entering by deception (pretending to be meter reading)

Crossing over a demarcation line

Exceeding a general consent to enter premises

Question 36

What act does handling stolen goods fall under?

Answer 36

S 22 of the Theft Act 1968

Question 37

What act does going equipped fall under?

Answer 37

S 25 of the Theft Act 1968

Question 38

What act does Taking A Conveyance without the owners consent or authority fall under?

Answer 38

S 12 of the Theft Act 1968

Question 39

What act does intefering and tampering with motor vehicles fall under?

Answer 39

S 9 (1) of the Criminal Attempts Act 1981

Question 40

What act does bilking fall under?

Answer 40

S 3 (1) of the Theft Act 1978

Question 41

What are the three distinctive ways that fraud can be commmitted?

Answer 41

1. By False Representation (s2 of the Fraud Act 2006)
2. By Failing To Disclose Information (s3 of the Fraud Act 2006)
3. Through Abuse of Position (s4 of the Fraud Act 2006)

Question 42

How is Fraud defined?

Answer 42

The intention must be to make a gain for themselves or another

or to cause loss to another

or expose another to a risk of loss

Question 43

What act does False Representation fall under?

How is it defined?

Answer 43

S2 of the Fraud Act 2006

A person commits an offence if that person dishonestly makes a false representation

and intends to make a fain for themselves or another or to cause loss to another or to expose another to a risk of loss.

Offence is committed as soon as any false representation is made.

Can be made verbally, in writing or through actions.

Also applies towards a device or machine (e.g. forged coins)

Question 44

What Act does Abuse of Position fall under?

How is it defined?

Answer 44

s4 of the Fraud Act 2006

Committed by a person who occupies in which they are expected to safeguard (or not to act against) the financial interests of another.

Offence is committed if they dishonestly abuse that position intending to make a gain for themselves or another, or to cause loss to another or to expose another to a risk of loss.

Includes employees but not if they have left the company when they formed the intent.

Question 45

What does does failure to disclose information fall under?

and how is it defined?

Answer 45

Section 3 of the Fraud Act 2006

A person commits an offence if that person dishonestly fails to disclose to another person information which (that person) is under a legal duty to disclose,

and intends,by failing to disclose the information to make a gain for (themselves) or another, or to cause loss to another or to expose another to a risk of loss.

Question 46

What are the two acts/offences for “going equipped” to carry out a fraud

Answer 46

s6 of the Fraud Act covers possession/having an article under control. Would include items at a distance.

s7 of the fraud act states that a person commits an offence if they make, adapt, supply (or offer to supply) any article, knowing it is designed or adapted for use in the course of or in connection with fraud.

Question 47

What is s11 of the fraud act 2006?

Answer 47

Dishonest obtaining of services

Service must be ontained through a dishonest act