Aggravated theft

Question 1

Aggravated Thefts include:

Answer 1

Housebreaking (but this means any roofed building)

Theft by opening lockfast places

Theft by drugging the victim and then stealing from him.

Question 2

Housebreaking - what is housebreaking

Answer 2

• forcing open locked doors or windows
• entering using a stolen (Hume)or even a found key to unlock doors or windows (Alex Macdonald (1826) Alison I, 282)
• using a key which is lawfully in ones possession to gain unauthorised entry to premises (In Farquarson 1854 eee given keys after premises locked to take to owner but didn’t and instead returned to the premises used the key to gain entry - this was held to be housebreaking)
• entering by unexpected or unusual means may also constitute the aggravation (Alison 1,282) - it may be housebreaking to enter premises by any route other than the conventional one - eg sewers, chimneys, roof openings, trap doors
• entering by a window is probably housebreaking even if the window is unlocked or open (Wm Anderson (1840) Bell’s Notes 199)
• To insert impolements or parts of the body into a house through a window or door, in order to steal things inside - In O-Neil (1845 case) where accused used a hook to “fish” for property through an open windonw.
• Gaining entry by trickery (Hume) - eg if you say that you are a rep of electricity company.

Question 3

What is not housebreaking

Answer 3

X entering a house without an intention to steel - housebreaking or attempts to open lockfast places are not criminal per se (although it might form a charge of malicious mischief)

Housebreaking with intent to commit assault or rape (HM Advocate v Forbes 1994) it has to be with intent to steal.

A person authorised to use a key to gain entry to premises would not commit the aggravaation if he steals from the premises afer using the key to gain entry. (Gordon)

Unlocking a door by turning a key found in the lock. ((peter Alston and ALex Forrest (1837)

Entering by an unlocked door and steel within

Question 4

Theft by opening lockfast places - egs of lockfast places:

Answer 4

extends to opening anything other than a building which is secured by a lock.

-opening a locked room in a building - eg x and y shares flat - while Y out, X picks lock on his door and steals hi-fi -

• Opening a safe
• opening locked drawers, cupboards
• opening cars
• opening locked boxes.
• using a stolen bank card to withdraw monjey from an autoteller

Question 5

opening them by how constitutes the aggravation?

Answer 5

Breaking, picking locks, using stolen or found keys.(Gordon) - the opening of the lockfast place must precede and be for the purposes of the theft.

McLeod v Mason and Others

Question 6

Theft must be shown to have been a

Answer 6

achieved by the opening of a lockfast place.

Question 7

What is not aggravated theft by opening lockfast places?

Answer 7

Box or safe is stolen and opened elsewhere (Gordon)

Question 8

Agravation of the Aggravation of opening lockfast places - give an eg

Answer 8

Use of explosives to open the lockfast place - particularly serious.