Theft, Burglary, Robbery and Fraud Flashcards
Five key concepts of theft?
Dishonesty
Appropriation
Property
Belonging
The intention to permanently deprive
When is a person not acting dishonestly?
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)
What are the two tests used in court to establish dishonesty?
Was the defendant’s knowledge and beliefs about what took place reasonable?
Would an everyday honest person considered their acts dishonest?
What is appropriation?
Appropriation is assuming the rights of an owner of property by keeping it or controlling it’s movements
What is property?
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
When does something belong to a person?
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
What is the intention to permanently deprive?
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
How is robbery defined?
Robbery is the act of stealing from a person while using (or threatening) force/violence
How is a person guilty of robbery?
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
What type of offence is robbery?
Indictment
How is burglary committed?
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
How is entry defined?
In person (more than minimal insertion)
Using an article as an extension of the human body
Using a blameless accomplice
What is aggravated burglary?
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
what type of offence is aggravated burglary?
Indictment
What is a building?
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
How is handling stolen goods defined?
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
What is a wrongful credit?
A credit is wrongful if the finds concerned were derived from theft, blackail, fraud, or stolen goods
What is going equipped?
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)
What is abstracting electricity?
An offence if someone dishonestly uses without due authority or dishonestly causes any electricity to be wasted or diverted.
Explain Taking a Conveyance without the Owners’ Consent or Authority (TWOC)
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.
Can taking a conveyance without the owners’ consent be attempted?
No, would possibly be vehicle interference or tampering with a motor vehicle.
Explain aggravated vehicle taking
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
Explain interference with a motor vehicle
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.
What is making off without payment (bilking)?
It is an offence for a person who, knowing that payment on the spot for any goods supplied or service done
What act does theft fall under?
s1 (1) of the theft act
What is the intention to permanently deprive?
Someone treating another person’s property as their own.
E.g. lending something to someone else having borrowed it or pawning it
What act does robbery fall under?
s8 of the Theft act 1968
How could someone be put in fear in terms of a robbery?
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)
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”
The third person must know about the threat
When must the force be used during a robbery?
Immediately before or during the theft, not after
What act does Blackmail come under?
S21 (1) of the Theft act 1968
How is blackmail defined?
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.
What act does aggravated burglary fall under?
s10 of the theft act 1968
What act does burglary fall under?
and how do the two offences differ?
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)
How can someone trespass for a burglary?
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
What act does handling stolen goods fall under?
S 22 of the Theft Act 1968
What act does going equipped fall under?
S 25 of the Theft Act 1968
What act does Taking A Conveyance without the owners consent or authority fall under?
S 12 of the Theft Act 1968
What act does intefering and tampering with motor vehicles fall under?
S 9 (1) of the Criminal Attempts Act 1981
What act does bilking fall under?
S 3 (1) of the Theft Act 1978
What are the three distinctive ways that fraud can be commmitted?
- By False Representation (s2 of the Fraud Act 2006)
- By Failing To Disclose Information (s3 of the Fraud Act 2006)
- Through Abuse of Position (s4 of the Fraud Act 2006)
How is Fraud defined?
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
What act does False Representation fall under?
How is it defined?
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)
What Act does Abuse of Position fall under?
How is it defined?
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.
What does does failure to disclose information fall under?
and how is it defined?
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.
What are the two acts/offences for “going equipped” to carry out a fraud
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.
What is s11 of the fraud act 2006?
Dishonest obtaining of services
Service must be ontained through a dishonest act
