TESTPAPER

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1.Recall the prevoiusly learned material to answer the following questions.(16p)

a. What is the legal definition of theft?

Theft, in law, a general term covering a variety of specific types of stealing, including the crimes
of larceny, robbery, and burglary.
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b. What are the components of theft?

The components of theft are including the crimes of larceny, robbery,  burglary

embezzlement, larceny, looting, robbery, shoplifting, library theft or fraud.
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c. Name some offences of theft.

The most common offences prosecuted under the Theft Act 1968 (TA 1968) are:
1. •
theft
2. •
false accounting
3. •
burglary
4. •
handling stolen goods
5. •
robbery, and
6. •
blackmail
These offences are triable in the magistrates' court or Crown Court, with the exception of
robbery, which must be tried on indictment.

There are also other offences, outside of TA 1968, which involve a theft or stealing of some
kind.
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d. What are defences to theft?

 There are a variety of defences for individuals charged with theft. The most important step in
determining what defences are available, is to hire an experienced lawyer who can properly
assess your case. Cory Wilson has successfully represented countless individuals charges with
theft.

In order to be convicted of theft, the Crown Prosecutor will generally have to prove the
following:

1. identity of accused
2. date and time of incident

3. jurisdiction (province in which the act occurred)

4. property was owned by someone

5. value of the property

6. continuity of the property

7. file photo of property or actual property as exhibits (s. 491.2)

8. accused took or converted property

9. the owner did not give permission for the accused to take or convert it

10. the items were not given to the accused

11. the accused intended to deprive the owner of the property

Identity
If you are not caught “red-handed” with the stolen property, one possible defence is identity. If
the Crown is relying on a video recording of the theft or an eye- witness, many steps can be
taken by a skilled defence lawyer to undermine the Crown’s case and raise a reasonable doubt
as to the identity of the person who stole the goods.

No Intent to Steal 
In order to prove guilt beyond a reasonable doubt, the Crown must prove that the accused
intentionally stole the goods. Often, especially in shoplifting cases, people inadvertently walk
out of a store with goods that they forgot to pay for. These circumstances happen when the
accused is distracted by their children, a phone call or are simply lost in thought. It is a full
defence to theft if the accused had no intention of stealing the goods. In order to make out this
defence, the accused will likely have to testify to his or her intentions.

Colour of Right
The defence of colour of right applies in situations where the accused had an honest belief that
he or she had a right to be in possession of the goods alleged to be stolen. It doesn’t apply in a
situation where the accused took the goods without consent to clear an outstanding debt with
the affected party. The defence only applies in situations where the accused believed he or she
had an honest belief in a state of facts which, if actually existed would at law justify or excuse
the act done.

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e. Under section 12 of the Theft Act, what is meant by: taking,a conveyance, without the consent
of the owner?

Section 12 of the Theft Act 1968 is committed when a person takes a conveyance without the

owner’s consent or other lawful authority 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 it

or on it.

How can it be proved that Taking a Conveyance without Authority has been commited?

In order to prove a section 12 offence, the required elements of the offence must be

understood. These are:

 Taking
There must be some element, but more than mere movement – the vehicle should be
used as a conveyance.
 A Conveyance

This means a conveyance constructed or adapted for the carriage of a person or persons

whether by land, water or air. It does not include a conveyance constructed or adapted for use

only under the control of a person not carried in or on it.

 Without the consent of the owner or other lawful authority

Section 12(7) of the 1968 Act provides that when a vehicle which has been taken is the
subject of a hiring agreement or a hire purchase agreement, a person in the possession
 of the vehicle under such an agreement is deemed to be the owner for the purposes of
section 12.
 For own or another’s use

The use or intended use as a means of transport must be proved. If it is not ‘used’ – e.g. simply

pushing a car away from a drive entrance without any consent or authority to do so (obviously

depending on the circumstances), then the offence is incomplete. If someone rides on a

conveyance whilst it is being pushed, then there may be a taking. A dinghy moved on a trailer

that is to be used as a dinghy at some future time, is still taken for the taker’s or another’s use.

 Knowing that such a conveyance has been taken without consent drives it or allows
himself to be carried in it or on it.

Note that this requires knowledge that the vehicle has been taken and the accused has either

driven the vehicle or been a passenger.

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f. What is burglary and aggravated burglary?

____ Burglary, also called breaking and entering[1] and sometimes housebreaking,[2] is an

unlawful entry into a building or other location for the purposes of committing an offence.
Usually that offence is theft, but most jurisdictions include others within the ambit of burglary.
To engage in the act of burglary is to burgle, a term back-formed from the word burglar, or
to burglarize

Aggravated burglary is burglary committed with an aggravating element. The aggravating

feature is either that at the time of entering the building or part of the building:
 The person has any firearm, imitation firearm, weapon, explosive or imitation
explosive; or
 The person knew or should have known that someone was present

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g. What is robbery and armed robbery?

____ Robbery is the crime of taking or attempting to take anything of value by force, threat of
force, or by putting the victim in fear. According to common law, robbery is defined as taking
the property of another, with the intent to permanently deprive the person of that property, by
means of force or fear; that is, it is a larceny or theft accomplished by an assault.[1] Precise
definitions of the offence may vary between jurisdictions. Robbery is differentiated from other
forms of theft (such as burglary, shoplifting, pickpocketing, or car theft) by its inherently violent
nature (a violent crime); 
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_________ armed robbery, which involves the use of a weapon, and aggravated robbery, when
someone brings with them a deadly weapon or something that appears to be a deadly
weapon. Highway robbery or mugging takes place outside or in a public place such as a
sidewalk, street, or parking lot. Carjacking is the act of stealing a car from a victim by
force. Extortion is the threat to do something illegal, or the offer to not do something illegal, in
the event that goods are not given, primarily using words instead of actions.
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h. What is TWOC?

In England, Wales and Northern Ireland taking without owner's consent (TWOC), also referred
to as unauthorised taking of a motor vehicle (UTMV)[1] describes any unauthorised use of a car
or other conveyance that does not constitute theft. A similar offence, known as taking and
driving away, also exists in Scotland.
In police slang usage, twoc became a verb, with twocking and twockers (also spelled twoccing
and twoccers) used respectively to describe car theft and those who perpetrate it: these usages
subsequently filtered into general British slang.[2]
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2. Complete the table with the appropriate form of legal terms and their legal 2. Complete
the table with the appropriate form of legal terms and their legal meaning.(22p)

Noun Verb Adjective Legal meaning

Accusation Accuse Accused
to say that someone has done
something morally wrong, illegal, or unkind

Aggravation Aggravate Aggravated an increase in intensity, seriousness, or

severity; act of making worse
Classification Classify Classified
(of information) officially secret// used
to describe information that is arranged by type

Conveyance Convey Conveyable

to express a thought, feeling, or idea so that it
is understood by other people

Conviction Convince Convicted

having officially been found guilty of
a crime in a law court

Interpretation Interpret Intrepretative

an explanation or opinion of what
something means

Offence Offend Offensive

an illegal act or crime

Permission Permit Permitted

Possession Possess Possessed something that you own, or

the condition of owning something:

Attempt Attempt Attempted . to actually try to commit a crime and have the
ability to do so. This means more than just
thinking about doing a criminal act or planning
it without overt action. It also requires the
opportunity and ability.

Defence Defend Defensive the denial or pleading of the defendant in

answer to the claim or charge that has been
made.

3. Read the text and write 5 special questions?

The most common crimes in the United States of America

According to statistics obtained from the FBI, a property crime was reported about every three
seconds in the U.S., and a violent crime was reported about every 22 seconds. Those are sobering
statistics. Contrary to what most people think, property crimes are by far the most reported
crimes in the United States, not violent crimes; property crimes are about ten times more
prevalent than violent crimes. Property crimes reported annually total more than ten million,
while violent crimes hover somewhere between 1 and 1 1/2 million each year.

Larceny/Theft
Larceny-theft hits the top of the crime list, far outweighing any other crime. The numbers of
larceny-theft in this country are staggering – more than 7 million reported each year, making up
almost sixty percent of all reported crimes.

Burglary
The next most prevalent crime is burglary, another property crime. Burglary reports total around
2 million each year, making up about 18 percent of all crimes reported.

Motor Vehicle Theft

Thieves do a thriving business in stolen cars, apparently – there are more than a million stolen
cars in the U.S. every year. Car theft accounts for more than ten percent of all reported crimes
annually in the United States.

Aggravated Assault
Violent crime comes into the top 5 most common crimes in the United States at number four on
the list. According to Princeton.edu, aggravated assault is defined as an attack with intent to
cause grave injury to another, and can involve a weapon. With or without a weapon, aggravated
assault accounts for about 7 percent of all reported crimes.

Robbery
Robbery comes in at number five on the top five most common crimes in the United States.
Robbery is not simple theft – it is a violent crime, and theft performed directly on a person or
place. If you are ever mugged, that is robbery. A stick-up of a grocery or liquor store clerk is
robbery. There are close to half a million robberies each year in the United States, and they
account for about 3 percent of all crime.

Are you surprised at the most common crimes in the United States? Most people believe that
murder and rape will fall somewhere on that top five list, but it has never happened. Violent
crimes, while prevalent, are never as plentiful as the public thinks, and property crimes are much
more likely to happen. So lock your doors and stay vigilant; you never know who might be
waiting out there, and you don’t want to be part of the FBI’s statistics

.Source: www.criminaljusticedegreehub.com

1._What crime are more than 7 million reported each year, making up almost sixty percent of
all reported crimes?.___________________________________________________________
2.__________ What crime are reports total around 2 million each year, making up about 18
percent of all crimes
reported?.____________________________________________________________

3.____From who we have statistics of crimes and violents acts?.

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4.________ What are stolen in Motor Vehicle Theft ?

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5._______What we can do to prevent violent crimes?

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