theft act 1968

Theft

Dishonestly appropriates property, belonging to another, with the intent to permanently deprive the other of it

Dishonesty

• no clear definition

• Not regarded as dishonest if they believe they had the law right, consent or cannot discover the true owner despite making great effort to locate

Appropriates

• assumptions of the rights of ownership

• Keeping and dealing with the property as if they owned it

Property

• money

• Real or personal

• Things in action

• Intangible

• Wild creates tamed/ in captivity

• Not property: wild mushrooms, flowers, plant etc unless it has been cut/ dug out and is used as reward/ sale

Belonging to another

• must have belonged to someone other than the person appropriating it

• Belonging = right/ interest, possession or control

Intention of permanently depriving the other of it

• Intention to treat it as their own

• But if they return it in a state that is no longer useful e.g. a ticket to a football match then it is a theft

Abstracting electricity - S13 theft act 1968

A person who dishonestly uses without due authority, or dishonestly causes to be wasted or diverted any electricity

Police officer safety considerations

• complete a dynamic risk assessment

• Keep away from exposed cables

• Do not switch any electrical items on or off

• Contact emergency electricity supplier to make supply safe

• Consider SOCO to photograph the scene

Burglary - S9 theft act 1968

• split into two separate offences - with and without intent

• Burglary 2 in 1 → property broken into and car stolen

• Burglary OTD (other than dwelling) - part of building detached from the dwelling (garage/ shed)

Burglary S9(1a)

• enters a building/ part of building, as a trespasser with intent to steal anything within/ inflict GBH on any person/ doing unlawful damage to the building/ anything within

• Triable on indictment if dwelling/ violence (14 years), otherwise either way (10 years)

• Entry: physical (part of body), instrument (extension of body), innocent agent (child/ animal)

• Building: permanent structure

• Part of building: staff only section

• Trespasser: not allowed in

Burglary S9(1b)

• having entered a building/ part of building as a trespasser they steal/ attempt to steal anything within/ inflicts/ attempts to inflict GBH

• Didn’t plan on stealing before entering

• Opportunistic

Aggravated burglary - S10 theft act

• Commits any burglary and at the time had any firearm/ imitation firearm, weapon of offence/ explosive

• 9 (1a) - must have weapon before entering

• 9 (1b) - obtain weapon once inside

• Doesn’t need to be intent of using it

• Life imprisonment

• If they only stay within one room it is classed as burglary with an offensive weapon

• Victim doesn’t have to feel fear for it to count - only need the intent

• If one suspect doesn’t have a weapon they still get charged for aggravated

Distraction burglary

falsehood/ trick/ distraction is used on an occupant of a dwelling to gain/ try to gain access to the premises to commit burglary

Robbery - S8 theft act

• Steals, and immediately before or at the time of doing so and in order to do so uses force on any person/ puts/ seeks to put any person in fear

• Can happen anywhere

• Not robbery if force is used after the incident has occured

• No theft = no robbery

• Force used was intended to help commit the crime

Handling stolen goods - S22 theft act

• a person handles stolen goods knowing/ believing them to be stolen goods he dishonestly receives the goods/ undertakes/ assists in their retention, removal, disposal or realisation by or for the benefit of another person/ he arranges to do so

• Triable either way - max sentence of 14 years

• Their cannot be the handler unless it comes back around to them - this is the person in possession after the theft

• Retention - keep for themselves

• Removal - from A to B

• Realisation - profiting from the goods

• Disposal - destruction

• If there was no theft it is not handling even if they are suspicious of theft

Knowledge/ belief

• hides property

• Admits

• No admission but caught

• Disposal of goods

• Low price paid

• ID mark removed

• No records/ receipts

• Received from known thief/ suspicious circumstances

S24 (2a) stolen goods

goods which directly/ indirectly represent stolen goods in the hands of the thief who proceeds to dispose/ commit realisation of the goods

S24 (2b) - stolen goods

Any goods which directly/ indirectly represent stolen goods in the hands of the handler are disposed of/ realisation

When goods cease to be stolen

• when they have been restored to the owner

• The owner has abandoned/ cease to have any claim on the goods

• They are in lawful possession

The go between

The person who arranges to receive or arranges RRRD

Taking a motor vehicle without consent (TWOC) - S12 theft act

without having the consent of the owner/ lawful authority, takes any conveyance for their own/ others use or knowing that any conveyance has been taken without such authority and drives it/ allows themselves to be carried in/ on it

Conveyance

• Something that is constructed/ adapted for the carriage of a person/ persons by land, water/ air

• Doesn’t include something that is remote controlled or naturally occurring (horse) but a carriage towed by a horse would count

• Pedal cycle has its own law

• Trailer alone isn’t a conveyance as it is not motorised

Defence

Held the belief that he has lawful authority to do it or they would have received consent if the owner knew

Aggravated vehicle taking - S12a

commits TWOC and at any time after the vehicle was unlawfully taken and before it was recovered, the vehicle was driven dangerously/ injury/ damage was caused

Aggravating circumstances

• driven dangerously on a road/ public place

• During the incident an accident occurred by which injury was caused to any person

• Damage was caused to any property

• Damage was caused to the vehicle itself

Aggravated defences - S12a (3)

• aggravating circumstances occurred before the offence

• The defendant was neither in/ on/ in immediate vicinity of the vehicle when the aggravating circumstances occurred

making off without payment - S3(1) theft act

when a person receives goods/ service and knows that immediate payment is expected they dishonestly leaves the premises/ place without paying with the intention to avoid paying the amount due

Theft and TWOC of a pedal cycle - S12 (5) theft act

• a person who without having consent of the owner/ lawful authority takes a pedal cycle for his own/ another’s use/ rides a pedal cycle knowing it to have been taken without authority

• Cannot be aggravated