4. Offences under the Theft Act

Question 1

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

Answer 1

1. Dishonest
2. Appropriation
3. Of property
4. Belonging to another
5. With the intention of permanently
   depriving the other of it.

Question 2

What is appropriation?

Answer 2

Appropriation is any assumption of the rights of the owner

The defendant need not assume all the rights of the owner to satisfy this requirement. Appropriation can be an ongoing or repeated action

Question 3

In a shop, when does appropriation occur and what do you have to look out for (see example attached)

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 (see example 2.)

Question 5

What is property for the purposes of theft?

Answer 5

Property includes money and all other property, including intangible property (such as copyrights and electronic transfers), real property (relating to land), 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 for the offence of theft, 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. Inflicting actual 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

When must force for a Robbery under s8 occur?

Answer 13

Force must be used or threatened before or at the
time of the offence and must be used in order to steal.
It cannot be used afterwards.

Question 14

What are the additional mens rea requirements for robbery?

Answer 14

There are none.

Theft + force under one of the three options in order to steal = robbery

The mental element for robbery is the same as that for theft. There is no additional mens rea requirement in relation to the force used.

Question 15

What are the two types of Burglary under section 9?

Answer 15

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

Question 16

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

Answer 16

Defendant must
1. knowingly or recklessly
2. enter a building or part of a building
3. as a trespassor
4. with any part of their body

Question 17

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

Answer 17

Struture with some degree of permanence, e.g., a tent or marquee would not qualify.

Question 18

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

Answer 18

If a visitor exceeds the permission given to them, they become a trespasser.

Question 19

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

Answer 19

At the timeof entry the defendant must have 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

*Note that it does not matter whether the defendant actually stole, inflicted harm, and so on, after entering; the crime is committed if there is intention to do so at the time of entry.

Question 20

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

Answer 20

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

Question 21

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 21

Criminal damage to the building or anything inside it

Question 22

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 22

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

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

Question 23

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

Answer 23

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

Question 24

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

Answer 24

• 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 25

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

Answer 25

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

Question 26

What is the definition of weapon of offence?

Answer 26

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

Question 27

What is the definition of explosive?

Answer 27

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

Question 28

Overview: Summary of Theft Offences

Answer 28

Question 29

What is the definition of aggravated burglery?

Answer 29

Aggravated burglary is committed when a burglar enters a buidling or a part of a building and at the time has with him a weapon, imitation firearm, or any explosive