Unit 4 Lesson 5.2 - Theft Aggravations And Related Charged

Question 1

Define theft by housebreaking

Housebreaking is not a crime. Theft by housebreaking is an aggravation of theft.

Answer 1

Theft by housebreaking is constituted whenever the security of the house is violated and some article abstracted or removed for the purpose of being carried off. It is not essential that the thief should have actually entered the building. The theft is complete if, for example, he draws the article towards him with some implement, although he did not get the article into his hand.

Question 2

Essential elements of theft by housebreaking.

Answer 2

1) An overcoming if the security of the house.
2) Unauthorised appropriation of property (from within the house)
3) Felonious intent to deprive the owner

Kind the same as theft but with overcoming security

Question 3

Define a house?

Answer 3

Includes any dwelling house or other roofed building, finished or unfinished, or any part of a building used as a separate dwelling, which is secured against intrusion by unauthorised persons

Question 4

What are the modes of entry for housebreaking?

Answer 4

Possession
Unusual opening
Trickery

Unlocked windows
Stolen key

Overcoming the lock
Found key
Force

Question 5

Define theft by opening a lock fast place

Answer 5

(Not a crime itself. Crime is theft but committed by opening a lock fast place.)

Theft by opening a lock fast place is committed whenever the security of the lock fast place is overcome and the contents are stolen.

The overcoming of the security of a lock fast place must take place before the property is appropriated.

Question 6

What are the essential elements of Theft by Opening a Lock-fast Place?

Answer 6

1) An overcoming of the security of the lock fast place and
2) Unauthorised appropriation of property (from within the lock-fast place and
3) intent to deprive the owner

Question 7

Define lock fast place?

Answer 7

Includes rooms, cupboards, drawers, safes, desks, cash boxes, show cases and any other receptacle the contents of which are protected by lock and key

Question 8

Define attempted theft

Answer 8

When the thief does not successfully appropriate the property, but still has the intent to do so?

An attempt to commit the crime is also criminal and the crime that would be libelled is attempted theft.

Question 9

Note: any unauthorised appropriation even if for a second is sufficient for theft

Question 10

Define Housebreaking with attempt to steal?

Answer 10

It is a substantive crime to break into any building with intent to steal therefrom. The felonious purpose is inferred from the circumstances in which the building is entered.

Question 11

Define Attempted housebreaking with intent to steal?

Answer 11

Committed when an unsuccessful attempt is made to break into any building with intent to steal.

Here the housebreaking and therefore the theft have not been successful.

The attempted housebreaking would be constituted by an attempt to gain entry by the same modes of entry that you are already aware of.

Question 12

Define opening a lock fast place with intent to steal?

Answer 12

Committed when a lock fast place is broken into with the intent to steal but nothing is stolen.

Charge is relevant even if the lock-fast place is empty.

Opening have been successful but theft has not.

Question 13

Define attempted opening a lock fast place with intent to steal?

Answer 13

Committed when an unsuccessful attempt is made to break in to a lock fast place with intent to steal.

Here the opening itself, and therefore the theft have not been successful.

Question 14

Police powers?

Answer 14

Theft is a common law crime and is punishable by imprisonment. Section 1 power of arrest can be used