TWOC, Theft, Rob, Burg, Handling Flashcards
What is the definition of Taking without owners consent (TWOC)?
There is no consent
- They take a conveyance
- For their own or another’s use, or
- Knowing that a conveyance has been taken without authority
- Drives it or allows themselves to be carried in or on it
What’s a conveyance?
Constructed or adapted for the carriage of a person or persons by land, water, air except one constructed or adapted for carrying items other than people
What is the taking a pedal cycle act?
same meaning as TWOC but for a bike
What is defence to TWOC?
The person has the belief of consent form the owner or lawful authority
What is the aggravated vehicle taking act?
A person is guilty of aggravated taking of a vehicle if he commits TWOC in relation to a mechanically propelled vehicle. After the vehicle was unlawfully taken and before it was recovered (whilst in use) any of the four aggravating circumstances occurred.
The vehicle was driven dangerously on a road or other public place
Owing to the driving of the vehicle an accident occurred by which injury was caused to any person
Owing to the driving of a vehicle an accident occurred by which damage was caused to any property other than that vehicle
Damage was caused to the vehicle
What are defences to aggravated vehicle taking?
Aggravating circumstances occurred before he committed the basic offence
Or
Suspect not in, on, or in the immediate vicinity when that driving, accident or damage occurred.
What is vehicle interference?
– To interfere with a motor vehicle or trailer or anything carried in or on the motor vehicle or trailer WITH THE INTENTION to then do one of the following offences from himself or another: Theft, TWOC
What is the definition of theft
A person is Guilty of theft if they dishonestly appropriate property Belonging to another with the intention of permanently depriving the other of it
What is dishonesty?
To be deceitful
What is defence to theft?
The person has a genuine belief
- not dishonest
What is the definition of robbery/
A person commits Robbery if he steals and immediately before or at the time of doing 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
What must there be for a robbery to take place?
Theft
Use of force or seeked to put fear subjected to force
What is handling?
A person handles stolen goods if they know its stolen or believes its stolen or dishonestly receives the goods.
OR
Dishonestly undertakes or assists their retention, removal, disposal, or realisation, by or for the benefit of another person; Or he arranges to do so.
The thief can’t be the handler
Defence for handling?
Has a honest belief that the goods are not stolen
What is a burglary 9,1a?
A person is guilty of burglary if he/she enters any building or part of a building as a trespasser with intent to:
Steal anything in the building or part of the building in question
Inflict on any person therein any grievous bodily harm
Do unlawful damage to the building or anything therein.
