Theft Act 1968

Question 1

Define section 1 of the theft act 1968.

Answer 1

A person is guilty of THEFT if they DISHONESTLY APPROPRIATE PROPERTY BELONGING TO ANOTHER with the INTENTION of PERMANENTLY DEPRIVING the other of it. (Either way offence)

Question 2

Explain the points to prove in an offence under section 1 of the theft act 1968

Answer 2

1. Dishonestly - MENS REA. Will not be dishonest if they believe they have a right in law, have owners consent, taken reasonable steps to locate the owner.
2. Appropriates - assumption by a person of the rights of the owner
3. Property - Real, intangible, personal
4. Belonging to another - must belong to another person. A person can have proprietary rights to property (e.g., a mechanic working on a car). Someone can be in possession of property (having the right to use the property as one’s own). A parecl courier can be in control of property.
5. Intention to permanently deprive - MENS REA. Treating the property as their own regardless of the owner’s rights. Borrowing beyond the scope of the agreed terms. Parting with property under a condition of return.

Question 3

Define section 13 of the theft act 1968.

Answer 3

A person is guilty of ABSTRACTING ELECTRICITY when he or she DISHONESTLY USES it WITHOUT DUE AUTHORITY or DISHONESTLY causes it to be diverted or wasted. (Either way offence)

Question 4

Explain the points to prove in an offence under section 13 of the theft act 1968

Answer 4

1. Dishonestly - MENS REA. Will not be dishonest if they believe they have a right in law, have owners consent, taken reasonable steps to locate the owner.
2. Uses – implies a consumption of electricity that would not have been used without the act of the accused
3. Without due authority - without proper authorisation

Question 5

Define section 8 of the theft act 1968.

Answer 5

A person commits ROBBERY if they STEAL and IMMEDIATELY BEFORE DOING SO or at the time of doing so and IN ORDER TO SO USES FORCE ON ANY PERSON OR PUTS OR SEEKS TO PUT ANY PERSON in fear OF THEN AND THERE BEING SUBJECTED TO FORCE. (Indictable offence)

Question 6

Explain the points to prove in an offence under section 8 of the theft act 1968

Answer 6

1. Steal - Robbery cannot occur without a theft taking place.
2. Immediately before - an unbroken chain of events between the force being used and the theft
3. At the time - The force ‘used’ or the ‘putting or seeking to put in fear’ must be in order to commit the theft.
4. Uses force - The stealing must be aggravated by force that is either: USED or THREATENED
5. In fear - The stealing must be aggravated by force that is either: USED or THREATENED

Question 7

Define section 9 (1) (A) of the theft act 1968.

Answer 7

A person is guilty of BURGLARY if he ENTERS A BUILDING OR PART OF A BUILDING AS A TRESPASSER WITH INTENT TO:

STEAL anything therein or,

INFLICT GREVIOUS BODILY HARM on any person therein or,

DAMAGE ANY PROPERTY therein.

Question 8

Define section 9 (1) (B) of the theft act 1968.

Answer 8

A person is guilty of BURGLARY if HAVING ENTERED A BUILDING AS A TRESPASSER he goes on to:

STEAL or ATTEMPT TO STEAL anything therein or,

INFLICT or ATTEMPT TO INFLICT GREVIOUS BODILY HARM on any person therein.

Question 9

Explain the points to prove in an offence under section 9 of the theft act 1968

Answer 9

1. Enters - Accused has crossed a boundary, must be deliberate, entry can be by an innocent agent and an instrument (As long as the instrument is used to commit the relevant offence not just to gain entry)
2. A building or part of a building - a building must have some degree of permenance, part of a building can be the till area in a shop.
3. Trespasser - KNOW or are (subjectively) RECKLESS that they have crossed the boundary without either:CONSENT to do so (express or implied permission) or RIGHT BY LAW to do so
4. Intent - Mens REA

Question 10

Define section 10 of the theft act 1968.

Answer 10

A person is guilty of AGGRAVATED BURGLARY if he commits any burglary and at the time has with him:

Weapon of offence or,

any Imitation firearm or,

any Firearm or,

any Explosive.

Question 11

In which burglary do you bring the WIFE?

Answer 11

Section 10 theft act AGGRAVATED BURGLARY.

Question 12

Define Section 12 of the theft act 1968

Answer 12

Taking a conveyance:

A person shall be guilty of the offence if without the consent of the owner or other lawful authority he takes any conveyance for his own or another’s use or knowing that any conveyance has been taken without such authority he drives it or allows himself to be carried in or on it.

Question 13

Explain the points to prove in an offence under section 12 of the theft act 1968.

Answer 13

1. Consent - Permission for something to happen or agreement to do
   something.
2. Lawful authority - Those authorised to move obstructive conveyances.
3. Takes - A person takes if : he assumes possession or control of a conveyance & moves it or causes it to be moved. Must be taken for use as a conveyance. Must be some movement, however small.

Question 14

Define Section 22 of the Theft Act 1968

Answer 14

Otherwise than in the course of stealing, knowing or believing them to be stolen goods, dishonestly receives the goods or dishonestly
undertakes or assists in their retention, removal, disposal or realisation, by or for the benefit of another or arranges to do any of the above.

Question 15

Define Section 12A Theft Act 1968

Answer 15

A person is guilty of aggravated taking of a vehicle if –

(a) he commits an offence under section 12(1) of the Theft Act 1968 in relation to a mechanically propelled vehicle &…
(b) it is proved that, at any time after the vehicle was unlawfully taken (whether by him or another) & before it was recovered
(i) that the vehicle was driven dangerously on a road or other public place;
(ii) that, owing to the driving of the vehicle, an accident occurred by which injury was caused to any person;
(iii) that, owing to the driving of the vehicle, an accident occurred by which damage was caused to any property, other than the vehicle;
(iv) that damage was caused to the vehicle.