4. Offences under the Theft Act

Question 1

What are the elements of theft under section 1 of the Theft Act 1968?

Answer 1

Dishonest appropriation of the property of another with intent to permanently deprive them of it

Question 2

What is appropriation?

Answer 2

Any assumption of any right of the owner relating to the property

Question 3

In a shop, when does appropriation occur?

Answer 3

When the item is picked up, even if no mens rea at that time

Question 4

Can the actus reus and mens rea occur at separate times and still make out the offence of theft?

Answer 4

Yes, as long as there is coincidence of the two at some point

Question 5

What is property for the purposes of theft?

Answer 5

Money, and all other property, including intangible property, real property, and personal property

Question 6

What are three specific situations in which a person would still be deemed to take property belonging to another?

Answer 6

1. Stealing from co-owners or co-partners
2. Director stealing from their company
3. Owner taking back an item impliedly left on trust for services rendered

Question 7

When is intent determined, and what should this not be confused with?

Answer 7

Intent is determined at the time of appropriation, such that if there is coincidence of the actus reus and mens rea at this time, the offence is committed, even if the defendant changes their mind later.

This should not be confused with the fact that where there is no coincidence of actus reus and mens rea at the time of appropriation, the offence can still be committed later if the mens rea occurs. This is because appropriation is a continuing act.

Question 8

What is the two part test for dishonesty?

Answer 8

1. Ascertain what facts the defendant knew (subjective), and then
2. Judge whether the behaviour based on this knowledge was objectively dishonest

Question 9

What are three situations where the defendant will not be deemed to be dishonest?

Answer 9

Where the defendant believes they:

1. Have a right to the property in law
2. Would have the owner’s consent, or
3. Owner could not be discovered taking reasonable steps

Question 10

When is robbery committed under section 8?

Answer 10

When a defendant commits theft, and immediately before or at the same time, they use force or put a victim (or any other person) in fear of force in order to steal

Question 11

What are the three ways the element of force is satisfied for robbery?

Answer 11

1. Inflict force
2. Cause apprehension of force
3. Intend to cause apprehension of force

Question 12

If someone who commits a theft and uses a fake gun in order to steal, are they guilty of robbery?

Answer 12

Yes, even if victim knew the gun was fake, because defendant intended to cause apprehension of force

Question 13

What are the additional mens rea requirements for robbery?

Answer 13

There are none.

Theft + force under one of the three options in order to steal = robbery, without any additional mens rea as to the force or otherwise from defendant.

Question 14

What are the two types of Burglary under section 9?

Answer 14

• Section 9(1)(a): Burglary by trespass with intent
• Section 9(1)(b): Burglary by offences committed following trespassory entry

Question 15

What is required for entry under both section 9(1)(a) and (b)?

Answer 15

Defendant must knowingly or recklessly enter a building or part of as a trespassor with any part of their body

Question 16

What is the standard required of a building or part of a building for burglary?

Answer 16

Struture with some degree of permanence

Question 17

How can trespass arise from a visitor and the restrictions placed on them?

Answer 17

If a visitor exceeds the permission given to them, they become a trespasser and liable for burglary

Question 18

The defendant must have intent to do one of what three things at the time of entry for section 9(1)(a) burglary?

Answer 18

Intent to:

1. Steal anything in the building
2. Inflict GBH on anyone in the building
3. Cause criminal damage to the building or anything inside it

Question 19

The defendant must do one of what two things after entry for section 9(1)(b) burglary

Answer 19

1. Steal or attempt to steal something from the building
2. Inflict or attempt to inflict GBH on any person in the building

Question 20

Therefore, intent to commit what offence will give rise to section 9(1)(a) burglary by trespass with intent, but is irrelevant for section 9(1)(b) burglary by offences after entry?

Answer 20

Criminal damage to the building or anything inside it

Question 21

Other than the timing of the offence relative to entry and the fact criminal damage will not give rise to section 9(1)(b), what is the main difference between the two?

Answer 21

Section 9(1)(a) only requires intent.

Section 9(1)(b) requires an actual offence or an attempt of it to be committed.

Question 22

What is the baseline mens rea for both types of burglary?

Answer 22

The defendant must know or be reckless as to the fact they are a trespasser

Question 23

What are the additional mens rea requirements for section 9(1)(a) and (b) respectively?

Answer 23

• Section 9(1)(a): Intent to commit the underlying offence at time of entry
• Section 9(1)(b): Mens rea for underlying offence required

Question 24

Burglary will be upgraded to aggravated burglary if, whilst committing a burglary the defendant has one of what three things with them?

Answer 24

1. Firearm or imitation firearm
2. Weapon of offence
3. Explosive

Question 25

What is the definition of weapon of offence?

Answer 25

Any item made or adapted to cause injury or intended by defendant to be used as such

Question 26

What is the definition of explosive?

Answer 26

Any item manufactured to create an explosion or intended by the defendant to explode