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BTPSC.I24 > Theft, Robbery, And Burglary > Flashcards

Theft, Robbery, And Burglary Flashcards

1
Q

Theft:

A

Section 1 Theft Act 1968

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2
Q

Section 1 Theft

A 
A person is guilty of theft if he:
Dishonestly
Appropriate
Property
Belonging to another
With the intention of permanently depriving the other of it
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3
Q

What type of offence is theft + time?

A

EITHER WAY - 7 yrs

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4
Q

Dishonesty - defenses

A

The person honestly believes:

  • they have the right by law
  • if the owner knew they would consent
  • the owner can’t be discovered by taking reasonable steps
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5
Q

Test of honesty case:

A

R v GHOSH 1982

  • Juries are to be direction regarding dishonesty
  • -was it dishonest by a normal persons standards
    • did the defendant realise
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6
Q

Appropriates

A
  • any assumptuon of the rights of the owner
  • later assuming right by keeping it
  • dealing with it as if they owned it
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7
Q

Property and plants

A

Propert DOES NOT INCLUDE mushrooms, flowers, fruit or foilage growing wild on any land UNLESS picked for reward, sale, or commercial purposes

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8
Q

Belonging to another

A

Person who has:

  • possession of it
  • control of it
  • a proprietary right or interest
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9
Q

Intention to permanently deprive

A

Treat the thing as their own or dispose of it regardless of others rights

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10
Q

Intention to permanently deprive mnemonic

A 
BREAKS
Bury
Retain
Eat/Drink/Consume
Abandon
Keep until useless
Sell
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11
Q

Low value shoplifting:

A

Anti-social Behaviour Crime and Policing Act 2014

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12
Q

Abstracting electricity:

A

Section 13 Theft Act 1968

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13
Q

Section 13 theft:

A

A person is guilty of abstracting electricity when he dishonestly uses it without due authority OR dishonestly causes it to be diverted or wasted

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14
Q

Type of offence for s.13 theft + time?

A

EITHER WAY - 5 YRS

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15
Q

Robbery:

A

Section 8 Theft Act 1968

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16
Q

Section 8 Robbery

A

A person commits Robert if he:
Steals
And immediately before or st the time of doing so
And in order to do so
Uses force on any person
OR
Puts/seeks to put any person in fear of being then and there subject to force

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17
Q

What has to happen for a robbery?

A

A theft must have been completed

18
Q

3 types of burglary

A 
Section 9(1)(a)- enter with intent to steal, inflict GBH or damage
Section 9(1)(b)- enter building as a trespasser without intent, the steals or commits GBH
Section 10(1)- aggrevated burglary
19
Q

Section 9(1)(a) burglary

A

Any person who enters a building or part fo a building as a trespasser with intent to:
Steal anything in the building/part of
OR
Inflict GBH on any person therein
OR
Do unlawful damage to the building or anything therein

20
Q

What type of offense is Section 9(1)(a) burglary +time ?

A

TRIABLE EITHER WAY - 10yrs, 14yrs if dwelling

21
Q

Section 9(1)(b) burglary

A

Any person who, having entered a building as a trespasser,
Steals or attempts to steal anything therein
OR
Inflicts or attempts GBH on any person therein
Shall be guilty of an offense

22
Q

What type of offense is Section 9(1)(b) burglary?

A

TRIABLE EITHER WAY - 10yrs, 14 yrs if its a dwelling

23
Q

Section 10 Aggrevated burglary

A 
A person who commits any burglary and at the time has with him/her any;
Firearm or imitation firearm
OR
Any weapon of offense
OR
Any explosive
Shall be guilty of an offense
24
Q

What type of offence is aggrevated burglary+time?

A

INDICTABLE ONLY - life

25
Q

Mneumonic for aggrevated burglary

A 
WIFE
Weapon
Imitation firemarm
Firearm
Explosive
26
Q

‘Has with him’ case (section 10)

A

R v KLASS, Court of Appeal

-defendant had an offensive weapon but did not enter the dwelling … not section 10

27
Q

Weapon of offense

A

Any article made or adapted for use for causing injury to OR incapacitating a person OR intended by a person having it with him/her for that purpose

28
Q

If 2 people commit a burglary and one has an offensive weapon

A

The person without the weapon is still guilty of aggrevated burglary as long as they knew about the weapon

29
Q

What act deals with all 3 burglaries

A

Theft Act 1968

30
Q

Going equipped to steal:

A

Section 25 Theft Act 1968

31
Q

Section 25 going equipped:

A

Guilty of an offense if, when not at his place of abode, he has with him any article for use in the course or in connection with anyburglary, theft or cheat

32
Q

Points to prove for section 25 going equipped

A
  • not at place of abode
  • had article with them
  • knew they had it
  • intended to use it in the course of OR in connection with burglary or theft
33
Q

Having an offensive weapon in a public place:

A

Section 1 (1) Prevention of Crime Act 1953

34
Q

Section 1 offensive weapon in public place

A 
Any person who
Without lawful authority or reasonable excuse
Has with him in any public place
Any offensive weapon
Shall be guilty of an offense
35
Q

What type of offense is having offensive weapon in public place + time?

A

Triable either way - 4yrs

36
Q

What act and section lists certain offensive weapons?

A

Section 141 Criminal Justice Act 1988

37
Q

Section 141 offensive weapons

A
  • disguised knives (appears as everyday object)
  • truncheons/batons
  • stealth knives (not readily detectable by metal detector
38
Q

Having a bladed or sharply pointed article in a public place:

A

Section 139 (1) Criminal Justice Act 1988

39
Q

Section 139 bladed article

A 
Any person who has
An article which is bladed OR sharply pointed
With him
In any public place
Without lawful authority or good reason
Shall be guilty of an offense
40
Q

What does section 139 bladed articles exclude?

A

Pocket knifes with a blade where the cutting edge is less that 3 inches

41
Q

What sections and act covers defenses for section 139 bladed articles?

A

Sections 4 and 5 Criminal Justice Act 1988

42
Q

Defenses for section 139 bladed or sharply pointed article

A 
Good reason
Lawful authority 
Use at work
Religious reasons
Part of national costume

BTPSC.I24 (8 decks)

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