Theft etc

Question 0

What is the definition of theft?

Answer 0

Dishonestly appropriate property belonging to another with the intention to permanent deprive them of it

Question 1

A person will not be regarded as dishonest if?

Answer 1

• They believe they have a right by law to deprive the other of it
• If the person whom the property belongs knew of the appropriation and circumstances they would consent
• the person to whom property belongs could not be discovered through reasonable steps

Question 2

What is appropriation?

Answer 2

Assuming the rights of the owner
By keeping it dealing with it as if their own
Basically you treat it as if your own

Question 4

What does property include?

Answer 4

money and all property
Real and personal 
including things in action and other intangible property
Vehicles 
Money 
Wild creatures tamed 
Animals kept in captivity 
Soil/gravel/turf

Question 4

To be stolen, property must belong to another, what does this mean?

Answer 4

They possess it
Control it
Or have propriety right or interest in it

Question 5

Which 4 things are not classed as property, and therefore cannot be stolen?

Answer 5

Flowers 
Foliage 
Fungi 
Fruit 
growing wild on land not owned by them
Unless doing so for reward or sale

Question 6

What is the definition of abstracting electricity?

Answer 6

Dishonestly uses it
Without due authority
Or dishonestly causes it to be diverted or wasted

Question 8

What is the definition of a burglary for sec 9(1)a?

Answer 8

A person commits burglary if they enter a building or part of a building as a trespasser with the intent to
D damage unlawfully to building or anything in it
I inflict GBH
R ape a woman
T heft - steal
I install surveillance device (9A)
A abstract electricity

offence complete upon entry, entry must be with insertion of a body part
entry must be effective
it does not mean that entry must be to such a degree so that the offence he is entering with intent to commit can be committed
only that they have entered with the intent
entry with an instrument would consitute entry if it was to enable the offence to occur
entry would not be complete f instrument is used to facilitate the entry
can trespass in a place you would normally have permission, if your intention when you enter voids the general permission to enter i.e. committing an offence

Question 9

What is the definition of a burglary for sec 9(1)b

Answer 9

Having entered a building or part of a building as a trespasser (without initial intent) does the following :
G ghb
I install surveillance device
T theft or attempted theft

(must enter building or part of building as a trespasser, if you become a trespasser whilst inside building/part of i.e. locked in a shop/pub this would not count unless moved to different part of building)

Question 9

What is trespassing?

Answer 9

Being somewhere without the consent of a person who can give such consent or without lawful authority
Includes if entry gained by deception

Question 10

To burgle a place it must have permanence, give examples of what is and isn’t?

Answer 10

Property or part of property
Vehicle
Vessel
Campervan (inhabited vehicle/vessel etc)

Not tent!

Question 11

What constitutes an aggravated burglary sec 10?

Answer 11

At the time of committing the offence, the person has with him one of 4 articles

W weapon of offence
I imitation firearm
F firearm
E explosive

with him - in possession/carrying

Question 13

What 3 things must there be for a robbery? Section 8

Answer 13

A theft
Force (or threat of immediately before/at time of in order to carry out theft)
Fear if they are threatening force (must intend to put person in fear for himself - seeks to put any person in fear of being then and there subject to force)

Question 13

Which 6 offences can you go equipped for?

Answer 13

B burglary
O obtaining property by deception 
R robbery 
A aggravated burglary 
T theft 
T twoc

Question 14

What is the definition of robbery? Sec 8

Answer 14

A person is guilty of robbery where he steals, and immediately before or at the time of doing so, in order to do so, used force on any person or seeks to put any person in fear of being there and then subjected to force

must use force in order to steal

Question 15

Which mnemonic helps with proving someone knows or believes they are handling stolen goods?

Answer 15

R recieve
R retain 
D dispose 
R remove
R realise

Question 16

What is the definition of going equipped?

Answer 16

When not at place of abode 
Have with them any article 
For use in course of, 
Or in connection with any 
Burglary, theft or cheat

must have article in immediate control
need only show that article was intended to be used by someone

Question 17

Where can a person not commit the offence of going equipped?

Answer 17

In their abode

Question 18

What 3 defences can be used for a theft to show it was not dishonest?

Answer 18

Person believes they have right to property by law
Persons believes they had permission if person knew
Property cannot be returned through reasonable steps

Question 19

What makes a normal burglary an aggravated burglary?

Answer 19

Taking any article made, adapted or intended for causing injury or incapacitating a person
taking your WIFE

Question 20

Deception offences, how can someone be deceived?

Answer 20

Must be dishonest
Misleading a person using a trick, deliberate (knowing what they are doing is false) or reckless (knowing it may be false or ambiguous) words or conduct
Must be intention to deceive

Question 21

what did R v Ghosh tell us re theft and dishonesty?

Answer 21

• was what was done dishonest according to standards of reasonable and honest people?
• did defendant realise what was done was dishonest by those standards?

Question 22

what is TWOC?

Answer 22

taking conveyance without consent or lawful authority for own use or another use, or knowing it to be TWOC drives it or allows self to be carried in it

must be intentional not accidental
cannot have attempted TWOC
must get some form of use from it (pushing a vehicle to hide as a prank would not count)
to be carried - must know it is TWOC
vehicle must actually move when person drives or allows carry

Question 23

what conveyances can be TWOC’d

Answer 23

cars, motor cycles, boats, aircraft’s
conveyance means any conveyance constructed or adapted for carriage or one or more persons on land, air or water
does not include pedal cycles

Question 24

what are defences to TWOC?

Answer 24

believed had lawful authority
believed had owners consent if owner knew of him doing it AND the circumstances

(the consent must be there at the time of taking - it is not enough if the owner says later that he would have consented had he known)

Question 25

what is the power to search under the theft act?

Answer 25

Sec 28

allows search for stopen goods where there is reasonable cause to believe person has custody of such