Theft

Question 0

Definition of Burglary

Answer 0

A person is guilty of burglary if:
He enters a building or part of a building as a trespasser with intent to:
Steal anything in the building or part of the building, or
Inflict grevious bodily harm on any person therein, or
Do unlawful damage to the building or anything therein

S9(1)(a) theft act 1968

OR
Having entered any building or part of a building as a trespasser, he
steals or attempts to steal anything therein, or
Inflicts or attempts to inflict grevious bodily harm on any person therein

S9(1)(b) theft act 1968

Question 1

Definition of theft

Answer 1

‘A person is guilty of theft if he dishonestly appropriates property belonging to another, with the intention of permanently depriving the other of it’

S1(1) Theft act 1968

Question 2

Definition of Aggravated burglary

Answer 2

‘A person is guilty of aggravated burglary if he commits any burglary and at the time has with him any firearm or imitation firearm, any weapon of offence, or any explosive’

S10(1) theft act 1968

Remember: WIFE (burglary plus weapon/initiation firearm/firearm/explosive)

Question 3

Definition of robbery

Answer 3

A person is guilty of robbery when he or she:

• Steals and,
• Immediately before doing so, or
• At the time of doing so, and
• In order to do so,
• Uses force on any person, or
• Puts or seeks to put, any person in fear of being then and there subjected to force

S8 theft act 1968

Question 4

Definition of taking a conveyance without consent

Answer 4

‘A person shall be guilty of an 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, drives it, or allows himself to be carried in or on it’

S12(1) theft act 1968

Question 5

Definition of aggravated vehicle taking

Answer 5

S12(a) theft act 1968

‘Any person who commits that offence (ie taking a conveyance whether as a driver or passenger) is guilty of aggravated taking of a vehicle offence if it is proved that the vehicle was involved in any of the four aggravating factors’

4 aggravating factors:

• the vehicle was driven dangerously on a road or other public place
• that owing to the driving of the vehicle an accident occurred by which injury was caused to any person (including driver /passenger /pedestrian)
• that owing to the driving of the vehicle an accident occurred by which damage was caused to any property other than the vehicle, or
• that damage was caused to the vehicle.

Question 6

Definition of taking a pedal cycle without consent

Answer 6

‘A person shall be guilty of an offence if he:
Takes a pedal cycle, for his
Own or another’s use, or,
Without the consent of the owner or other lawful authority or, knowing that it has so been taken, to ride on it’

S12(5) theft act 1968

Question 7

Definition of Making off without payment

Answer 7

‘A person who, knowing that payment on the spot for any goods supplied or services done is required or expected from him, dishonestly makes off without having paid as required or expected and with intent to avoid payment other amount due, shall be guilty of an offence’.

S3 theft act 1978