Theft, Robbery, And Burglary

Question 1

Theft:

Answer 1

Section 1 Theft Act 1968

Question 2

Section 1 Theft

Answer 2

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

Question 3

What type of offence is theft + time?

Answer 3

EITHER WAY - 7 yrs

Question 4

Dishonesty - defenses

Answer 4

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

Question 5

Test of honesty case:

Answer 5

R v GHOSH 1982

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

Question 6

Appropriates

Answer 6

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

Question 7

Property and plants

Answer 7

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

Question 8

Belonging to another

Answer 8

Person who has:

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

Question 9

Intention to permanently deprive

Answer 9

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

Question 10

Intention to permanently deprive mnemonic

Answer 10

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

Question 11

Low value shoplifting:

Answer 11

Anti-social Behaviour Crime and Policing Act 2014

Question 12

Abstracting electricity:

Answer 12

Section 13 Theft Act 1968

Question 13

Section 13 theft:

Answer 13

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

Question 14

Type of offence for s.13 theft + time?

Answer 14

EITHER WAY - 5 YRS

Question 15

Robbery:

Answer 15

Section 8 Theft Act 1968

Question 16

Section 8 Robbery

Answer 16

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

Question 17

What has to happen for a robbery?

Answer 17

A theft must have been completed

Question 18

3 types of burglary

Answer 18

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

Question 19

Section 9(1)(a) burglary

Answer 19

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

Question 20

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

Answer 20

TRIABLE EITHER WAY - 10yrs, 14yrs if dwelling

Question 21

Section 9(1)(b) burglary

Answer 21

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

Question 22

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

Answer 22

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

Question 23

Section 10 Aggrevated burglary

Answer 23

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

Question 24

What type of offence is aggrevated burglary+time?

Answer 24

INDICTABLE ONLY - life

Question 25

Mneumonic for aggrevated burglary

Answer 25

``` WIFE Weapon Imitation firemarm Firearm Explosive ```

Question 26

'Has with him' case (section 10)

Answer 26

R v KLASS, Court of Appeal | -defendant had an offensive weapon but did not enter the dwelling ... not section 10

Question 27

Weapon of offense

Answer 27

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

Question 28

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

Answer 28

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

Question 29

What act deals with all 3 burglaries

Answer 29

Theft Act 1968

Question 30

Going equipped to steal:

Answer 30

Section 25 Theft Act 1968

Question 31

Section 25 going equipped:

Answer 31

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

Question 32

Points to prove for section 25 going equipped

Answer 32

- 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

Question 33

Having an offensive weapon in a public place:

Answer 33

Section 1 (1) Prevention of Crime Act 1953

Question 34

Section 1 offensive weapon in public place

Answer 34

``` 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 ```

Question 35

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

Answer 35

Triable either way - 4yrs

Question 36

What act and section lists certain offensive weapons?

Answer 36

Section 141 Criminal Justice Act 1988

Question 37

Section 141 offensive weapons

Answer 37

- disguised knives (appears as everyday object) - truncheons/batons - stealth knives (not readily detectable by metal detector

Question 38

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

Answer 38

Section 139 (1) Criminal Justice Act 1988

Question 39

Section 139 bladed article

Answer 39

``` 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 ```

Question 40

What does section 139 bladed articles exclude?

Answer 40

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

Question 41

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

Answer 41

Sections 4 and 5 Criminal Justice Act 1988

Question 42

Defenses for section 139 bladed or sharply pointed article

Answer 42

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