Theft & Fraud Flashcards
Theft Act 1968
Section 1 Theft Act 1968 (Theft): Definition
A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and “thief” and “steal” shall be construed accordingly.
Section 8 Theft Act 1968 (Robbery): Points to Prove
- Steal property
- And immediately before or at the time
- In order to commit the theft
- Use force or put or seek to put the person in fear of being subject to force
What year is the Theft Act?
1968
What section is theft?
Section 1 Theft Act 1968
What section is robbery?
Section 8 Theft Act 1968
A theft is not dishonest if the person…
Believes they have a right to the property
Believe they would have the consent of the owner
Have taken reasonable steps to find the owner
What is meant by ‘rights of the owner’?
Using
Selling
Modifying
In what case is wild property considered stolen?
If it is taken for reward, sale or commercial purposes
When does property belong to another?
When they:
Own it
Control of it
Have an interest in it
What 4 items cannot be stolen if wild?
Fungi
Flora
Foliage
Fruit
Can land be stolen?
No
When can wild animals be stolen?
When they can be tamed or are held captive
What does CADETS stand for (permanently deprive)?
Condition of return
Assuming rights of the owner
Damage/Destroy
Eat/Drink
Throwing away
Sell
Section 8 Theft Act 1968 (Robbery): Definition
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
Is robbery indictable or summary only, or either way?
Indictable
Section 8 Theft Act 1968 (Robbery): Points to Prove
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
If the victim does not feel scared, is it still robbery?
Yes, the victim does not need to feel fear - the suspect only needs to intend to put them, or anyone else, in fear
Can a baby feel fear in a robbery?
No, the person being subjected to fear of force must be capable of feeling scared
Is it robbery if a suspect is threatening a victim’s relation with force, but that person does not know about the threat?
No, the person must be aware of the threat of force
If a person steals your phone, and then whilst attempting to get away hits you, is it robbery?
No, that would be theft and assault, as the force needs to be used in order to commit the theft
What section is burglary?
Section 9 Theft Act 1968
Section 9A Theft Act 1968 (Burglary): Definition
A person is guilty of burglary if he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection 2 (theft, GBH, criminal damage)
Section 9B Theft Act 1968 (Burglary): Definition
A person is guilty of burglary if having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or part of it or inflicts or attempts to inflict on any person therein GBH
What’s the difference between section 9A and 9B Theft Act 1968?
Section 9A is where someone enters with the intention to commit theft, criminal damage, GBH.
Section 9B is where someone already in the building commits theft or GBH.