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National Police Promotion Exam > Theft > Flashcards

Theft Flashcards

1
Q

Is it an offence to receive property by mistake

A

A persons only legal obligation is to restore property received by virtue of another persons mistake.

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2
Q

Are you obliged to return property by the virtue of your own mistake.

A

No there is no obligation to return property by virtue of your own mistake.

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3
Q

Can Gas be stolen

A

Yes - gas is property

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4
Q

Can electricity be stolen?

A

No electricity can be abstracted.

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5
Q

Can you TWOC a car in a burglary.

A

No, there is no theft.

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6
Q

What must a persons entry be in order to meet the requirement to cross a boarder?

A

Effective.

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7
Q

Who decides if a persons entry was effective.

A

A jury

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8
Q

Is it necessary for a persons whole body to enter a premises

A

No

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9
Q

Can the entry for burglary be accidental?

A

No the entry for burglary must be deliberate.

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10
Q

Can inserting an instrument constitute burglary.

A

The inserting of an instrument can be an effective entry, however, must be in order to commit the act ie to steal something, rather than assist further entry ie undo a lock.

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11
Q

What must a building be in order for it to be burgled.

A

It must have a degree of permanence

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12
Q

Is a Portakabin a building.

A

Yes, it has a degree of permanence.

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13
Q

Is an uninhabited shell of an unfinished house a building.

A

Yes R v Manning

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14
Q

Is a tent a building.

A

No

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15
Q

Is a marquee a building

A

No

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16
Q

Is a campervan a building.

A

Yes if it is inhabited.

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17
Q

Can you attempt to steal or commit GBH for 91(b)

A

Yes attempting is included.

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18
Q

Can an empty box with bomb on it be used in an aggravated burglary.

A

Depends on the circumstances - an empty box is not an explosive.
However if the suspect gave it to the victim and said if you move the bomb will go off, then this would be a weapon of offence as it has incapacitated the victim.

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19
Q

Can you commit an aggravated burglary with a knife in your pocket if you don’t know it was there?

A

No, you must know you have it with you

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20
Q

in order to commit robbery what must the extent of the force used be.

A

The extent of the force used can be minimal - ie intentionally nudging into someone.

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21
Q

If I snatched a cigarette packet from someone’s hand and only made contact with the packet with no other force applied - is this a Robbery?

A

No - Stated case

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22
Q

If I snatched a person handbag and wrenched it from the victim (ie the victim fought back) is this a Robbery.

A

Yes

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23
Q

If I was pickpocketing someone, and then an unknown person nudged me and I then nudged the victim whilst stealing. Is this Robbery.

A

No the force used must be voluntary

24
Q

Can force be used on a third party?

A

Yes, ie if the A put B’s hand in a vice and said to C I will crush B’s hand unless you hand over your wallet

25
Q

in Robbery can you fear for someone else’s safety.

A

No that is blackmail. So if A said to C I will locate B and put B’s hand in a vice if you do not pay - That isn’t force being applied there and then which makes it blackmail.

26
Q

When must force be used in order for it to be a Robbery.

A

Immediately before or during the theft - Remeber appropriate is ongoing therefore if force is used or threatened during the course of removal - a robbery will be committed.

27
Q

Does the force used have to be for the purpose of stealing - What if it was in a fight.

A

Yes the force has to be specific for the purpose of theft. If the person has a fight and during the fight, the victim drops their wallet and the suspect takes it. This is not a Robbery this is theft.

28
Q

In TWOC if a person is passenger what must their knowledge of the vehicle be in order to complete the offence.

A

They must KNOW the conveyance was taken without consent or lawful authority.

29
Q

If a persons hires a vehicle with a fake license is this TWOC

A

No consent obtained by fraud does not void the consent. Whittaker vs Campbell. Male hires vehicle with driving licence he found bearing another identity was not held to have committed the offence of TWOC

30
Q

Can you TWOC a horse

A

Are you insane! This is not been constructed or adapted for the purposes of carrying a person it is an animal

31
Q

Does the conveyance need to have an engine

A

No

32
Q

is it TWOC if I just start the engine.

A

No, the conveyance needs to be moved. R v Bogacki engine was started but conveyance did not move. No TWOC

33
Q

What if I released the handbrake the vehicle moved, however, I did not start the engine.

A

All that matter is that movement tool place and it was moved for the purpose of being used as a conveyance.

Look out for the question where the handbrake is released to move the vehicle out of the way, not to convey someone.

34
Q

What are the defences to TWOC

A

That they had lawful authority or that they would have had permission had the woner know.

35
Q

Is this the same prinicapl of R v Ghosh

A

No this is a subjective test irrespective of the suspects belief.

36
Q

Can the offence of TWOC be attempted.

A

No summary offence - Therefore seperate offence of interfering with a motor vehicle.

37
Q

Does TWOC have the 6 months from the commision of the offence time limit?

A

No, it has a time limit of 6 months from the prosecutor being notified that there is sufficient evidence to charge - However no later than 3 years after the offence is committed.

38
Q

Can you aggravate TWOC a conveyance without an engine? eg a rowing boat

A

No, this is narrower than TWOC and it must be a mechanically propelled vehicle.

39
Q

What are the consquences to make a TWOC aggravated.

A
  1. The mechanically propelled vehicle was driven dangerously on a road or other public place
  2. injury or damage was caused;
    an injury accident owning to the driving and an injury was caused to ANY person.

A damage accent owing to the driving damage is caused to any property

Damage to the vehicle taken.

40
Q

Can this offence take place anywhere.

A

It is only the dangerous driving element that must take place on a road - All other consequences can take place anywhere.

41
Q

What if damage is caused breaking into the vehicle.

A

No the damage must occur from the time of the TWOC un until the time of recovery. Remeber

Time of TWOC ———————————- Time of Recovery

42
Q

What are the two defences to the Aggravated TWOC

A

The consequence happened prior to the TWOC or that the suspect was not in the immediate vicinity of the vehicle when the consequence occurred.

43
Q

Can you interfere with a Digger

A

No, it must be a motor vehicle

44
Q

Does interfering with a vehicle have to take place on a Road

A

No it can occur anywhere.

45
Q

Is making an unauthorised telephone call at work or surfing the internet and offence.

A

Yep abstracting electricity

46
Q

Is stealing an electric pedestrian controlled vehicle abstracting electricity

A

Yep

47
Q

Is bypassing an electricity meter abstracting electricity

A

Yep

48
Q

Can a person handle stolen goods if they do not personally benefit.

A

No they must personally benefit

49
Q

Can a person handle stolen goods just be arranging to: retain, remove, realisation or disposal.

A

Yes

50
Q

What if the goods are not yet stolen.

A

If the goods are not yet stolen then you can not handle.

51
Q

What knowledge must the person have to handle goods which are stolen.

A

The must know or believe they are stolen - suspicion is not enough.

52
Q

What about just turning a blind eye to someone who is stealing

A

No that is not handeling.

53
Q

What is the rule of admissibility of previous misconduct in handling offences.

A

If a person has a conviction for handling or theft wwithin 5 years if the offence charge.
Or have within 12 months prior to the offence been found with stolen goods.

54
Q

When does a person commit an offence of Re-Programming a mobile phone.

A

If they (do an act) or oversee and act or offer to do an act which changes or interferes with the UDI (unique device identifier and they do not have permission from the manufacturer.

55
Q

What are the two defences to blackmail

A

They had reasonable grounds for making the demand and the menace was a proper way of enforcing the demand.

Think eletricity company saying pay us or we will turn your lights off……. however they can not say pay us or we will punch your lights out.

Any threat which constitutes a criminal offence - defence is void.

National Police Promotion Exam (50 decks)

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