Theft, Criminal Damage, Fraud, Proceeds Flashcards
Criminal Damage (simple)
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
Aggravated criminal damage
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
Taking without consent (TWOC)
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
Aggravated vehicle taking
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
Criminal Damage (simple) - Racially or religiously aggravated
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
Arson
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
Threats to destroy or damage property
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
Having articles with intent to destroy or damage property
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
Contamination or interference with goods
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
Making off without payment
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
Robbery
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
Blackmail
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
Burglary – Theft Act 1968 s 9(1)(a)
- 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
False representation
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
Failure to disclose information
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