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Property Offences > Theft & Related offences > Flashcards

Theft & Related offences Flashcards

1
Q

Can the offence of low value shoplifting be attempted ?

A

Yes.

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2
Q

The offence – low value shop lifting of goods with an aggregate value of less than ??? How much money. ?

A

£200.

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3
Q

If an individual attended a training course without paying. Could the course people take their mobile??

A

If they BELIEVED that the phone was the same value as the course YES.

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4
Q

Can confidential personal data be stolen?

A

No. It is not property.

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5
Q

Can an exam paper be stolen?

A

Yes, the paper itself is property but the words/info on it wouldn’t be.

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6
Q

The contents of a bank account is property and can be stolen as long as the account is in credit OR…..

A

Within the limit of an approved overdraft facility.

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7
Q

Is it necessary to identify a specific individual to whom stolen property belongs to ?

A

No. Its only necessary to prove that the property belonged to somebody other than the accused.

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8
Q

A person can be prosecuted for the offence of theft from their own partner/spouse as long as someone gives authority to prosecute…. who??

A

DPP (director of public prosecutions)

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9
Q

A person is only under legal obligation to restore property received by virtue of whos mistake??

A

Another persons. If its their own mistake they are not obliged to return the property.

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10
Q

If someone had the intention to permanently deprive another of their property at the time of the appropriation but later has a change of heart and returns the goods, will they be guilty of theft?

A

Yes. They would still be guilty In these circumstances.

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11
Q

Would the intention to abstract electricity constitute burglary?

A

No. Electricity is not property. (Gas would constitute burglary)

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12
Q

If someone enters a house as a trespasser with the intention to steal but the house is bare and there is nothing inside, will this still be burglary?

A

Yes. All that matters is that at the time of crossing the boundary as a trespasser they had the intent to steal.

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13
Q

Is a Portakabin regarded as a building for burglary ?

A

Yes, their function & degree of permanence as w work site makes them a building.

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14
Q

A vessel or a vehicle (campervan) can be classed as a building only if…..

A

Someone was actually living in it or it was being used for that purpose.

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15
Q

Does TWOC amount to the offence of theft?

A

No. Which also means using force to TWOC is not a robbery.

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16
Q

Suspect threatens a deaf and blind man with a knife in order to steal his wallet. Not knowing he is deaf and blind. He doesn’t commit robbery as there is no theft. Does he commit attempted robbery ?

A

Yes as he sought to put the man in fear, it doesn’t matter that he wasn’t put in fear.

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17
Q

What is the maximum sentence for a burglary non dwelling ?

A

10 years

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18
Q

At what point is the offence of blackmail complete?

A

The point that the demand with menaces is made.

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19
Q

In regards to blackmail. Is there any need for the result of gain or loss to be suffered?

A

No.

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20
Q

If a blackmail letter is posted but the letter is never received by the victim, is the offence complete? If so when?

A

Yes. The offence is complete at the time of posting and the letter doesn’t have to be received.

21
Q

Is it an offence to blackmail a person into having sex with you?

A

No.

22
Q

If james borrows Euans car with permission for a specific purpose, he drives the car for the same purpose but a different location. Is this TWOC?

A

No. As long as its the same agreed purpose its not TWOC.

23
Q

If consent is obtained by fraud so consent is given, would this be TWOC?

A

No. As this is still true consent.

24
Q

James moves jamies car around the corner as a joke, is this TWOC?

A

No. As james purpose was to wind jamie up, the purpose for TWOC must be that either himself or someone else is carried on it.

25
Q

can TWOC be attempted ?

A

No.

26
Q

For TWOC. The accused must KNOW for a fact that the conveyance has been taken without the owners consent / lawful authority. True or false?

A

True. Mere suspicion is insufficient.

27
Q

For AGGD TWOC would a rowing boat be deemed a conveyance?

A

No. AGGD TWOC relates to mechanically propelled vehicles only.

28
Q

For handling stolen goods, does the accused need to know/believe/suspect the goods to be stolen ?

A

They must KNOW or BELIEVE that they are stolen.

29
Q

Is handling stolen goods from abroad an offence in the UK?

A

Yes, if it also constitutes an offence in that country.

30
Q

In regards to proceeds of crime - criminal property, must they know/believe/suspect?

A

Know or suspect. Dishonestly is not required. This is the difference as with handling if must be believed.

31
Q

What is the price limit for theft to be death with by a fixed penalty notice ?

A

£100

32
Q

Can you have a vehicle interference from a dumper truck ?

A

No.

33
Q

If people arrange to pick up stolen goods but the police intercept in time and the goods are never touched. Are they guilty of handling stolen goods ?

A

Yes, they had arranged to handle the stolen goods so at that point the offence is committed.

34
Q

For the offence of advertising a reward. Who commis the offence?

A

Printer, publisher and advertiser. PPA.

35
Q

How must a scrap dealer pay for metal ?

A

A cheque which is not transferable OR An electronic transfer of funds.

36
Q

A vulnerable old lady makes friends with a neighbour who convinces her to give him money. She does this with consent and as a absolute gift. Can the neighbour be done for appropriation theft offence?

A

It’s immaterial that the act was carried out with her consent. It is still appropriation.

37
Q

For going equipt does the person carrying the tools to give to friend to commit a burglary commit the offence ?

A

Yes. Its an offence if you left the house with the tools to use yourself or for another to commit burglary/theft.

38
Q

For TWOC can someone tow a boat down thee street so that they can get past. Would they commit the offence ?

A

No. The intent was simply to get past.

39
Q

When the theft act mentions KNOWING something to be stolen what does that actually mean ?

A

If the suspect is absolutely sure or virtually certain it is stolen.

40
Q

John has lost his dads war medals but is unsure if they are lost or stolen. He applies in the paper for a reward if they are found and “no questions” will be asked. Would him and the paper be guilty of advertising a reward?

A

Yes. It doesn’t matter if you know they are stolen or even think they are lost. Himself and the paper have committed the offence as the legislation prohibits adverts which combine an offer or reward with a promise that no questions will be asked.

41
Q

Can you buy scrap metal by offering payment in kind ??

A

NO. It must be purchased with a transferable cheque or electronic transfer of funds otherwise its an offence.

42
Q

Do you have to physically handle stolen goods to compete the offence ?

A

No, if knowing or believing them to be stolen you receive or dishonestly undertake in their retention, removal, disposal etc.. you will commit the offence.
IE - in pub chatting about arranging for the goods to be taken somewhere else.

43
Q

Can AGG TWOC be committed on a private place ?

A

Yes. It can be commuted on a road, public or private place.

44
Q

If DORRIS picks some blackberries from her neighbours garden intending to make jam and sell it, but later keeps the jam and never sells it does she commit theft ? If so when ?

A

Yes. She commits this offence at the point of picking the blackberries as at that time she has the intent to pick them for a sale, reward or other commercial purpose.

45
Q

If MARLON breaks into a police station locker room and steals a canister of CS GAS, would this be AGG burg ?

A

Yes. If the thing you steal is a weapon of offence it becomes AGG burg.

46
Q

If MANNING suspects thats his neighbours golf clubs are stolen and he then borrows them. Would he be guilty of using/possessing criminal property ?

A

Yes. The fact he only borrowed the clubs is irrelevant. For criminal property you must KNOW OR SUSPECT that its stolen.

47
Q

Under the offence for forgery / counterfeiting. Must the offender actually make forged items such as stamps etc for the offence to be complete??

A

NO. If they have a machine designed to make something like postage stamps under their custody or control. This is enough to make the offence complete. You don’t have to have the forged instruments as a result.

48
Q

Is it an offence to sell an aerosol paint container to a child? If so what age?

A

To a child under 16 its an offence. ALSO it doesn’t matter what they intend to use it for.

49
Q

Man living in campervan has articles for going equipt, he drives to commit a burg. Does he commit going equipt ?

A

Yes. As his campervan will only be his place of abode if it’s Parked where the person intends to live.

Property Offences (3 decks)

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