Theft, Criminal Damage, Fraud, Proceeds

Question 1

Criminal Damage (simple)

Answer 1

Criminal Damage Act 1971 s 1(1)
* Without lawful excuse destroy or damage property belonging to another intending to destroy or damage it or being reckless

Question 2

Aggravated criminal damage

Answer 2

Crime and Disorder Act 1998 s. 30(1)

• Without lawful excuse destroy or damage property belonging to another intending to destroy or damage it or being reckless; AND
• Intending by destruction or damage to endanger the life of another or being reckless

Question 3

Taking without consent (TWOC)

Answer 3

Theft Act 1968 s 12

• Without having the consent of the owner
• or other lawful authority, he/she takes
• any conveyance
• for his/her own or another’s use; or
• knowing that any conveyance has been taken without such authority drives it or allows him/herself to be carried in or on it

Summary only

Question 4

Aggravated vehicle taking

Answer 4

Theft Act 1968 s 12A

• Commits the offence of TWOC
• after vehicle was unlawfully taken (by him or another) and before it was recovered
• vehicle was driven dangerously on a road or public place; OR
• owing to the driving of the vehicle an accident occurred by which injury was caused to any person, OR
• damage was done to any property other than the vehicle; OR
• damage was caused to the vehicle

Triable either way

Question 5

Criminal Damage (simple) - Racially or religiously aggravated

Answer 5

Crime and Disorder Act 1998 s 30

He/she commits an offence under Section 1 of the Criminal Damage Act 1971 which is racially or religiously aggravated (see S 28 Crime and Disorder Act 1998)

Triable either way – 14 years indictment – 6 months and/or fine summarily

Question 6

Arson

Answer 6

Criminal Damage Act 1971 s 1(3)

Destroying or damaging property by fire

Triable either way
Indictment = life imprisonment
Where life is not endangered = 6 month prison and/or fine

Question 7

Threats to destroy or damage property

Answer 7

Criminal Damage Act 1971 s 2

Without lawful excuse makes to another a threat, intending that that other would fear it would be carried out:

a) to destroy or damage any property belonging to that other or a third person; or
b) to destroy or damage his own property in a way which he knows is likely to endanger the life of that other or a third person

Triable either way

Question 8

Having articles with intent to destroy or damage property

Answer 8

Criminal Damage Act 1971 s 3

A person who has anything in his custody or under his control intending without lawful excuse to use it or cause or permit another to use it:

(a) to destroy or damage any property belonging to another person; or
(b) destroy or damage his own or the user’s property in a way which he knows is likely to endanger the life of some other person

Either way – 10 year indictment – 6 months and/or fine summarily

Question 9

Contamination or interference with goods

Answer 9

Public Order Act 1986 s. 38

Intention is key
causing alarm, injury or loss
it’s also an offence to threaten or possess articles

Triable either way – 10 years on indictment or 6 months and/or fine summarily

Question 10

Making off without payment

Answer 10

Theft Act 1968 s. 3

• knowing that payment on the spot for any goods supplied or services done is required or expected
• dishonestly makes off without having paid as required or expected, and
• with intent to avoid payment of the amount due.

Triable either way

Question 11

Robbery

Answer 11

Theft Act 1968 s. 8

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
• puts or seeks to put any person in fear of being then and there subjected to force.

Indictment only – life imprisonment

Question 12

Blackmail

Answer 12

Theft Act 1968 s. 21

• With a view to gain for himself or another; or
• with intent to cause loss to another,
• he makes any unwarranted demand with menaces;
• and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief:
  (a) That he has reasonable grounds for making the demand; and
  (b) That the use of the menaces is a proper means of reinforcing the demand

Indictment only – 14 years

Question 13

Burglary – Theft Act 1968 s 9(1)(a)

Answer 13

• Enters
• any building or part of a building
• as a trespasser and
• with intent to commit any of the following offences:
• stealing, inflicting GBH or unlawful damage.

Triable either way

Question 14

False representation

Answer 14

Section 2 of the Fraud Act 2006

• dishonestly
• makes a false representation and
• intends to make a gain for [him/ herself] or another, or
• to cause loss to another or to expose another to a risk of loss

Triable either way

Question 15

Failure to disclose information

Answer 15

Section 3 of the Fraud Act 2006

• dishonestly
• fails to disclose to another person information which [he/ she] is under a legal duty to disclose, and
• intends, by failing to disclose the information to make a gain for [him/ herself] or another, or
• to cause loss to another or to expose another to a risk of loss.

Triable either way

Question 16

Abuse of position

Answer 16

Section 4 Fraud Act

Can be committed by a person who occupies a position in which he/ she is expected to safeguard (or not to act against) the financial interests of another.

• He/ she dishonestly
• abuses that position intending to make a gain for him/ herself or another, or
• to cause loss to another or to expose another to a risk of loss

Triable either way

Question 17

Possession or control of articles for use in fraud

Answer 17

Fraud Act 2006 s. 6

• Has in his possession or under his control
• any article for use in the course of or in connection with any fraud

Triable either way

Question 18

Making or supplying articles for the use in fraud

Answer 18

Fraud Act 2006 s. 7

• He/she makes, adapts, supplies (or offers to supply) any article,
• knowing that it is designed or adapted for use in the course of or in connection with fraud or
• intending it to be used to commit or assist with the commission of fraud.

Triable either way

Question 19

Obtaining services dishonestly

Answer 19

Section 11 of the Fraud Act

• Obtains services for himself or another
• by a dishonest act, and
• services are made available on the basis that payment either, has been made, is being made or will be made.
• The services are then obtained without payment or without payment in full and
• he intends that payment will not be made (in full)

Triable either way

Question 20

False accounting

Answer 20

Theft Act 1968 s. 17

• dishonestly,
• with a view to gain for himself or another or
• with intent to cause loss to another,
• destroys, defaces, conceals or falsifies any account, record or document made or required for accounting purposes. Or,
• in furnishing information for any purpose,
• produces or makes use of any account, record or document, which to their knowledge is or may be misleading, false, or deceptive.

Triable either way

Question 21

Concealing criminal property

Answer 21

Proceeds of Crime Act 2002 s. 327

A person, conceals, disguises, coverts, transfers, or removes criminal property, from the UK. This includes concealing or disguising its nature, source, location, disposition, movement, ownership and any rights with respect to it.

Triable either way

Question 22

Arrangements in relation to criminal property

Answer 22

Proceeds of Crime Act 2002 s. 328

• Enters into or becomes concerned in an arrangement - which he knows or suspects
• facilitates the acquisition, retention, use or control of criminal property
• by or on behalf of another person.

Triable either way

Question 23

Acquisition, use and possession of criminal property

Answer 23

Proceeds of Crime Act 2002 s.329

• acquires
• uses; or
• has possession of criminal property

Triable either way

Question 24

Theft

Answer 24

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 25

Burglary 9(1)(b)

Answer 25

• Having entered a building or part of a building
• as a trespasser
• steals or attempts to steal anything in the building; or
• inflicts or attempts to inflict GBH on any person therein

The word ‘enter’ is key for 9(1)(b). Did someone enter as a trespasser?
Someone hides in pub lavatories until closing and steal from lavatory = no offence
Someone hides in pub lavatories until closing, then moves to bar area (trespasser), then decides to steal = offence b complete

GBH can be inflicted indirectly e.g. person so scared of burglar falls down stairs

Question 26

Aggravated burglary (s.10)

Answer 26

• commits any burglary (all points of (a) or (b) need to be made out!); and
• at the time
• has with him
• firearm, imitation firearm, weapon of offence or explosive (not including fireworks)

Weapon of offence = made, adapted, intended for causing injury or incapacity to a person (not animal!)
Adapted – change in appearance (lemon bottle filled with acid = not adapted)
Carry item adapted or made? - aggravated burglary committed regardless
Carry an ‘intended’ articles? - need to prove defendant intended to cause injury or did

Person needs to have WIFE item upon entry (9(1(a)) or at the time of assaulting (9(1)(b)

Person must have knowledge of WIFE item

Question 27

What is meant by the term ‘property’ in the definition of theft?

Answer 27

Includes money and all other property, real or personal, including things in action and other intangible property.
Things in action - company shares, trademark etc
General rule = you cannot steal land, unless:
- you’re a trustee or personal representative
- strangers can sever it (.e.g. digging out and taking a lawn patch from neighbour)
- tenant can steal fixtures and structures

Someone picking mushrooms, flowers, fruit or foliage growing wild on any land does not commit theft unless he does it for reward or for sale or commercial purpose. NB – at the time of picking the intention must be have been formed, otherwise no offence

Wild creatures are property if they are tamed (your cat, dog) or untamed but ordinarily kept in captivity (a lion in a zoo). Wild creatures that are not tamed or ordinarily kept in captivity (and their carcasses) are not classed as property unless they have been reduced into possession or in the process of being so reduced. For example, when someone shoots a deer in order to take it home that would be reducing into possession. Owner of the land does not own the wild untamed animals on that land.

Human bodies (dead or alive) are not property unless they have been altered (by dissection, amputation or preservation) or acquired different attributes by virtue of application of skill (e.g. an Egyptian mummy belongs to the museum). Fluids taken from a living body are property.

Electricity is NOT property! There is a specific offence for this under s 13 of the Theft Act 1968 (abstracting electricity)

Can you steal an examination paper? - yes, but only taking the actual paper would be theft – memorising or photgraphing the paper is not theft

R v Kohn [1979] 69 Cr App R 395 à if a bank account is in credit you can steal from it – you can also steal from it if it’s within the approved overdraft – if appropriation of funds have exceeded the approved overdraft limit you will not be stealing from the account holder but form the bank itself.

Confidential person data à cannot steal it – it’s not property

Question 28

Handling stolen goods (s.22 Theft Act 1968)

Answer 28

A person handles stolen goods if:
· Otherwise than in the course of the stealing (i.e. goods were already stolen)
· knowing or believing them to be stolen goods
· he/she dishonestly
o receives the goods for their own benefit; or
o undertakes or assists in the retention, removal, realisation or disposal of the stolen goods by or for the benefit of another person; or
o arranges (i.e. took preparatory steps) to do either of these

NB! Receives for own benefit - retention, removal etc for benefit of another!

Handling can only be completed after the theft is complete.

A thief can become a handler of the property that he/she originally stole, but only if he/she loses control of the property and later decides to have dealings with the property once again (whilst the goods can still be referred to as stolen goods).