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Black letter law
Criminal
Offences under the Theft Act
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Cards (14)
What is the definition of theft under the Theft Act?
Dishonestly
appropriates
property with the intention to
permanently deprive
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What does appropriation mean in the context of theft?
Appropriation
need
not
be of
all
rights
; it
can
be for
some
of the
rights
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When does appropriation occur in a shop setting?
Appropriation
occurs as soon as an item is picked up with dishonest intention
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At what point does theft arise?
Theft arises at the point they
intend
to keep the
property
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How is dishonesty defined in the context of theft?
Dishonesty
is an
objective
standard based on whether a
reasonable
and honest person would think D’s
actions
were honest
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What are the elements of robbery?
Elements of theft plus using
force
to take the
property
or putting someone in fear of force
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What must be proven for burglary to occur?
Proof that
D
entered as a
trespasser
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What constitutes a trespass in the context of burglary?
A hand through a window or going into a part of a
building
without
permission
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What are the two types of burglary under the Theft Act?
Burglary by trespass with intent (
section 9(1)(a)
)
Entering with intent to commit theft,
GBH
, or criminal damage
Burglary by offences committed following a trespassory entry (
section 9(1)(b)
)
Committing theft or GBH after entering
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What is required for burglary by trespass with intent under section 9(1)(a)?
Entering a building with intent to commit theft,
GBH
, or
criminal damage
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When is a crime committed in burglary by offences committed following a trespassory entry?
A crime is committed when they
do
the act after
entering
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What constitutes aggravated burglary?
Committing burglary while having a
firearm
, imitation firearm,
explosive
, or any item intended to cause
injury
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What is the difference between section 9(1)(a) and section 9(1)(b) in aggravated burglary?
Section 9(1)(a) requires having a weapon at the
time of entry
, while section 9(1)(b) requires having a weapon at the
time of the offence
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What are the key differences between theft, robbery, and burglary?
Theft
: Dishonestly appropriating property with intent to permanently deprive
Robbery: Theft plus using force or putting someone in fear of force
Burglary
: Entering as a trespasser with intent to commit theft,
GBH
, or
criminal damage
View source
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