Topic Tag: Online course

Theft

Legislation covered

Topics covered

  • Dishonesty
  • Appropriation
  • Property
  • Belonging to another
  • Intention to permanently deprive
  • Low value shop lifting

Knowledge test

Start by writing down the the first part if the theft act from the legislation – as much as you know of s.1 (definition) and s.2 (dishonesty). It is written below the next video so once you’ve watched the video you can check and see how much you knew correctly.

Dishonesty video

Before we look at the theft legislation it is important to have a good understanding of how theft is viewed and the case law that underpins it. Watch this video before moving on.

Knowledge check

Return to the legislation you wrote out at the beginning of the lesson and see if you were correct.

Definition s.1

(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; and “thief” and “steal” shall be construed accordingly.

Dishonesty s.2

(1) A person’s appropriation of property belonging to another is not to be regarded as dishonest —

(a) if he appropriates the property in the belief that he has in law the right to deprive the other of it, on behalf of himself or of a third person; or

(b) if he appropriates the property in the belief that he would have the other’s consent if the other knew of the appropriation and the circumstances of it; or

(c) (except where the property came to him as trustee or personal representative) if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps.

Make a note of anything you missed or wrote incorrectly. These will become the areas you need to work on.

Theft video

The theft video is long so we have included timestamps to help you navigate through.

  • Dishonesty – 00:50
  • Appropriation – 04:02
  • Property – 08:46
  • Belonging to another – 16:44
  • Intention to permanently deprive – 22:21
  • Low value shop lifting – 25:46
  • Summary – 28:24

Applying understanding

Next we will test your understanding of the legislation. Select True for each of the following that can be stolen.

Quick review

Summary

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

All parts of the theft definition need to be fulfilled for the offence to be complete. 

Dishonesty

A person is not dishonest if he appropriates the property in the belief that

  • (a) he has in law the right to deprive the other of it
  • (b) he would have the other’s consent if the other knew of the appropriation and the circumstances of it; or
  • (c) that the person to whom the property belongs cannot be discovered by taking reasonable steps.

And a person’s appropriation of property may not be dishonest if he is willing to pay for the property.

Appropriation

Appropriation occurs when someone assumes the right or rights of an owner, but appropriation itself is not theft. In order for there to be theft, the other elements of the offence (such asdishonesty) need to be present.

Appropriation envisages a physical act and property can be appropriated for the purposes of the theft act, even when the owner gives his consent or authority.

Appropriation can be a continuing event and the same property may be appropriated more than once, but once stolen, it cannot be stolen again by the same thief.Where property is transferred for value to a person acting in good faith it shall not amount to theft of the property.

Property

“Property” includes money and all other property, real or personal, including things in action and other intangible property. So here we are talking about physical money (coins and notes), personal property such as laptops, furniture, cars etc, land, things in action such as the credit in a bank account or a patent and intangible property like software.

In terms of theft of land, trustees breach, strangers sever and tenants take fixtures and structures.

A person who picks any of the 4 Fs (fungi, flowers, fruit or foliage) from a plant growing wild on any land, does not steal what he picks, unless he “picks for profit”.

A person can steal a wild creature who is tamed or normally kept in captivity, or the carcass of any such creature, as well as anything that has been or is being reduced into possession and has not been lost or abandoned.

Certain things are not classed as property and therefore cannot be stolen such as confidential information, human bodies (unless they have been altered using human skill), and electricity.

Belonging to another

The legislation talks of “belonging to” not “owner of”. So if someone has possession or control of property then it can be stolen from them, regardless of whether they are an owner.

Where a person gets property by another’s mistake, and is under an obligation to restore it, an intention not to restore it shall be regarded as an intention to deprive that person of the property or proceeds.

Intention to permanently deprive

If a person treats property as his own to dispose of regardless of the other’s rights; or borrows or lends it for a period and in circumstances making it equivalent to an outright taking or disposal he is regarded as having the intention of permanently depriving the other of it. This is also the case where he parts with property under a condition as to its return which he may not be able to perform (e.g., pawning the property).

Low value shoplifting

“Low-value shoplifting” is an offence in circumstances where the value of the stolen goods does not exceed £200 and the value of the stolen goods is the price at which they were being offered for sale at the time of the offence. If the person steals multiple goods, then their prices are added together.

Any reference to low-value shoplifting includes aiding, abetting, counselling or procuring the commission of low-value shoplifting.

Low-value shoplifting is triable only summarily. But where a person accused of low-value shoplifting is aged 18 or over the court must give the person the opportunity of electing to be tried by the Crown Court for the offence.

What next?

Before completing the 20 questions below and rather than review the topics above any further at this point, move on to study another topic. This will give you time to find out how much you have actually remembered, and which areas have been forgotten.

Suggested topics –

  • Criminal damage (specifically the definition of property)
  • Burglary
  • Aggravated burglary

Return to theft at a later date and write out the definition of theft (before reading anything else), then check them against the legislation above. Any areas of weakness need to be returned to after a further break. Remember to keep extending the gap between reviewing work. Spaced repetition is the key.

20 Questions

Now you have returned to theft after studying other topics, take the quiz to see how much information you have retained.

Robbery/Blackmail

ROBBERY

Legislation covered

  • Theft Act 1968

    • Topics covered

    • Steal
    • Force and fear of force
    • Immediacy

    Knowledge test

    Start by writing down the robbery legislation – as much as you know of s.8. It is written below the video so once you’ve watched the video you can check and see how much you knew correctly.

    Robbery lesson video

    Knowledge check

    Return to the legislation you wrote out at the beginning of the lesson and see if you were correct.

    A person is guilty of robbery if –

    He steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.

    Make a note of anything you missed or wrote incorrectly. These will become the areas you need to work on.

    Applying understanding

    Next we will test your understanding of the legislation. Look at the following examples and decide which are robberies. Mark the answer “True” if it is a robbery.

    BLACKMAIL

    Legislation covered

  • Theft Act 1968

    • Topics covered

    • Gain and loss
    • Demand
    • Menaces
    • Offence completion

    Knowledge test

    Start by writing down the blackmail legislation – as much as you know of s.21 included the definitions of “gain” and “loss” from s.34(2)(a). It is written below the video so once you’ve watched the video you can check and see how much you knew correctly.

    Blackmail lesson video

    Knowledge check

    Return to the legislation you wrote out at the beginning of the lesson and see if you were correct.

    A person is guilty of blackmail if –

    s.21 (1) With a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief –

    (a) that he has reasonable grounds for making the demand; and

    (b) that the use of the menaces is a proper means of reinforcing the demand.

    (2) The nature of the act or omission demanded is immaterial, and it is also immaterial whether the menaces relate to action to be taken by the person making the demand.

    s.34(2)(a) “gain” and “loss” are to be construed as extending only to gain or loss in money or other property, but as extending to any such gain or loss whether temporary or permanent; and

    (i) “gain” includes a gain by keeping what one has, as well as a gain by getting what one has not; and

    (ii) “loss” includes a loss by not getting what one might get, as well as a loss by parting with what one has;

    Make a note of anything you missed or wrote incorrectly. These will become the areas you need to work on.

    Applying understanding

    Next we will test your understanding of the legislation. Mark the answer “True” if it is blackmail.

    Comparison

    Quick review

    Review the core parts of robbery and blackmail with these flash cards.

    Summary

    Robbery

    There must be a steal in order for there to be a robbery so check all the elements of theft are present.

    Along with a steal, there must also be force or the fear of force. They can actually inflict force; cause an apprehension of force; or seek to cause an apprehension of force. The force must be intentional. Force can be small and can be indirect, for example, force on someones property in order to remove it from them. Direct force can be used on anyone, but where the offender puts or seeks to put any person in fear, that fear must be for the victim themselves, not someone else.

    The force that is used or threatened, must be “in order” to steal. There must be an intentional link between the force and the theft. Ask yourself, “has the force been used to enable the defendant to steal?”

    The force must be used “immediately before or at the time of doing so” but appropriation is a continuous act so ask yourself “was he still on the job?”

    Blackmail

    The defendant must have either a view to gain for himself or another or the intent to cause loss to another. “With a view to” was deemed to mean that the offender contemplated some result which might realistically occur, without necessarily wanting or intending it. “With intent to” coincides with wanting a particular result to occur or having it as one’s desire, aim or purpose. 

    “Gain” and “loss” extend only to gain or loss in money or other property and it can be temporary or permanent.

    A demand with menaces is unwarranted unless the person making it does so in the belief (a) that he has reasonable grounds for making the demand; and (b) that the use of the menaces is a proper means of reinforcing the demand. This test is subjective.  And if the threatened action is itself criminal, it is unlikely that a court would accept a claim by a defendant that he believed the demand to be proper.

    A demand can be made as a request or even as an offer, it may even be in the defendant’s demeanour. If the effect is to subject the victim to menacing pressure then that element of the offence will be made out. 

    Menaces require that either 

    • the threats and conduct are of such a nature and extent that the mind of an ordinary person of normal stability and courage might be influenced or made apprehensive so as to give into the demands, or
    • the threats affect the mind of the victim although they would not have affected the mind of a person of normal stability and the accused was aware of the likely effect of his actions on the victim.

    There is no requirement that the demand be communicated to the victim for the liability for blackmail to arise. A demand could therefore be made by an e-mail or text that is unread, or a message left on an answer machine or one that is spoken but not heard.

    What next?

    Before completing the 20 questions below and rather than review the topics above any further at this point, move on to study another topic. This will give you time to find out how much you have actually remembered, and which areas have been forgotten.

    Suggested topics –

    • Assault
    • Burglary
    • Aggravated burglary

    Return to robbery and blackmail at a later date and write out both s.8 and s.21 offences (before reading anything else), then check them against the legislation above. Any areas of weakness need to be returned to after a further break. Remember to keep extending the gap between reviewing work. Spaced repetition is the key.

    20 Questions

    Now you have returned to robbery and blackmail after studying other topics, take the quiz to see how much information you have retained.