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summary_-_elements_of_common_offences

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summary_-_elements_of_common_offences [2017/05/12 19:21]
frescom
summary_-_elements_of_common_offences [2017/05/12 20:07] (current)
frescom
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-===== Theft =====+====== Theft =====
  ​dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.  ​dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.
  
-==== Robbery ====+====== 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  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
  
-=== Burglary ===+====== Burglary ​======
  
 (a)he enters any building or part of a building as a trespasser and with intent to commit stealing anything in the building or part of a building in question, of inflicting on any person therein any grievous bodily harm ; or having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm. 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 (a)he enters any building or part of a building as a trespasser and with intent to commit stealing anything in the building or part of a building in question, of inflicting on any person therein any grievous bodily harm ; or having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm. 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
  
-==== TWOC ====+====== TWOC ======
  
 Taking motor vehicle or other conveyance without authority- without having 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. Taking motor vehicle or other conveyance without authority- without having 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.
  
-===== Blackmail =====+====== Blackmail ​======
  
 if 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. if 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.
  
-====== Handling stolen goods +====== Handling stolen goods ====== 
- ======+
 (1)A person handles stolen goods if (otherwise than in the course of the stealing) knowing or believing them to be stolen goods he dishonestly receives the goods, ​ undertakes or assists in their retention, removal, disposal or realisation by or for the benefit of another person, or if he arranges to do so. (1)A person handles stolen goods if (otherwise than in the course of the stealing) knowing or believing them to be stolen goods he dishonestly receives the goods, ​ undertakes or assists in their retention, removal, disposal or realisation by or for the benefit of another person, or if he arranges to do so.
  
-====== Going equipped for stealing +====== Going equipped for stealing ====== 
- ======+
 when not at his place of abode, he has with him any article for use in the course of or in connection with any Theft or Burglary. when not at his place of abode, he has with him any article for use in the course of or in connection with any Theft or Burglary.
  
-====== Criminal Damage +====== Criminal Damage ====== 
- ======+
 A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed. Aggravated Criminal damage 1971 Act Section 1 (2) A person who intentionally or recklessly destroys or damage property intending to endanger life thereby or being reckless as to whether life is endangered thereby. Lawful Excuse ​ Under section 5 (2) of the Act a defence of lawful excuse is available if:  (A) the defendant honestly thought he had the consent of the relevant person, or would have if that person had known the circumstances or (B) he acted as he did in order to protect property he thought in immediate need of protection, and he believed the means used were reasonable. A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed. Aggravated Criminal damage 1971 Act Section 1 (2) A person who intentionally or recklessly destroys or damage property intending to endanger life thereby or being reckless as to whether life is endangered thereby. Lawful Excuse ​ Under section 5 (2) of the Act a defence of lawful excuse is available if:  (A) the defendant honestly thought he had the consent of the relevant person, or would have if that person had known the circumstances or (B) he acted as he did in order to protect property he thought in immediate need of protection, and he believed the means used were reasonable.
  
summary_-_elements_of_common_offences.1494616867.txt.gz · Last modified: 2017/05/12 19:21 by frescom