Theft (Definitions & PTP) Flashcards
(20 cards)
What is the definition of Theft under Section 1 of the Theft Act 1968?
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 are the points to prove for Section 1 Theft?
- Dishonest appropriation 2. Of property 3. Belonging to another 4. With intent to permanently deprive.
What is the definition of Robbery under Section 8 of the Theft Act 1968?
A person steals, and immediately before or at the time of doing so, uses force or puts/seeks to put any person in fear of being then and there subjected to force.
What are the points to prove for Section 8 Robbery?
- Completed theft 2. Use or threat of force 3. Force is used immediately before or at time of theft 4. In order to steal.
What is the definition of Burglary under Section 9(1)(a)?
A person enters a building or part of a building as a trespasser with intent to steal, inflict GBH, or cause unlawful damage.
What are the points to prove for Section 9(1)(a) Burglary?
- Entry 2. Building/part of building 3. As a trespasser 4. Intent at time of entry to steal, cause GBH, or damage.
What is the definition of Burglary under Section 9(1)(b)?
A person, having entered as a trespasser, steals or attempts to steal, or inflicts or attempts to inflict GBH.
What are the points to prove for Section 9(1)(b) Burglary?
- Entry as trespasser 2. Then commits or attempts theft or GBH 3. Intent can form after entry.
What is the definition of Aggravated Burglary under Section 10?
A person commits burglary while having with them a firearm, imitation firearm, weapon of offence, or explosive.
What are the points to prove for Section 10 Aggravated Burglary?
- Burglary (s9) 2. Possession of weapon/firearm/imitation/explosive 3. At time of burglary 4. “With them” = accessible.
What is the definition of TWOC under Section 12?
A person takes a conveyance without the owner’s consent or lawful authority for their or another’s use. OR knowing that any conveyance has been taken without such authority they drive it or allow themselves to be carried on it.
What are the points to prove for Section 12 TWOC?
- Takes conveyance 2. Without consent/lawful authority 3. For use by self/another 4. No intention to permanently deprive.
OR - Knowing it has been TWOC 2. Drives it 3. Allows themselves to be carried on it.
What is the definition of Aggravated Vehicle Taking under Section 12A?
TWOC where the vehicle is driven dangerously, causes injury, causes damage to property or is damaged.
What are the points to prove for Section 12A Aggravated TWOC?
- TWOC committed 2. Plus dangerous driving, injury, or damage to vehicle/property/person.
What is the definition of Abstracting Electricity under Section 13?
A person dishonestly uses, wastes or diverts electricity without due authority.
What are the points to prove for Section 13 Abstracting Electricity?
- Use/diversion/waste of electricity 2. Without authority 3. Dishonesty.
What is the definition of Handling Stolen Goods under Section 22?
A person dishonestly receives, assists in retention, removal, disposal, or realisation of stolen goods, knowing or believing them to be stolen.
What are the points to prove for Section 22 Handling Stolen Goods?
- Goods stolen 2. Knowledge or belief they were stolen 3. Dishonesty. Either a. Receives / arranges to receive the goods OR b. Undertakes/assists in the retention, removal, disposal or realisation of the goods
What is the definition of Going Equipped under Section 25?
A person has with them, when not in their place of abode, any article for use in the course of or in connection with burglary or theft.
What are the points to prove for Section 25 Going Equipped?
- Possession of article 2. Intent to use in theft/burglary 3. In public or private place (not place of abode) 4. Mens rea: intent or recklessness.
