4. Offences under the Theft Act Flashcards
done
Elements of Theft under s.1 of TA 1968
Dishonest appropriation of the property belonging to another with intent to permanently deprive.
What is appropriation?
Any assumption of the rights of an owner.
- mere touching suffices
- can occur online (ie. posting someone else’s picture)
In a shop, when does appropriation occur?
When the item is picked up, even if no mens rea at that time
Can the actus reus and mens rea occur at separate times and still make out the offence of theft?
Yes, as long as there is coincidence of the two at some point.
- Allows for theft to be established in cases of secondary appropriation
(ie. mistakenly taking someone else’s coat, and deciding to keep it)
What is property for the purposes of theft?
Money, and all other property, including intangible property, real property, and personal property
Are fruit, foliage, mushrooms, flowers considered ‘property’ under TA?
Only if collected for commercial purposes (ie. selling them at market)
Are fruit, foliage, mushrooms, flowers consider ‘property’ under TA?
Only if collected for commercial purposes (ie. selling them at market) (s.4(3) TA)
What forms of ‘property’ are excluded under TA, and thus cannot be stolen?
- confidential information
- Electricity
- Wildlife (unless dead)
- Services
If a person cuts a branches off their neighbour’s tree to start their fireplace, would the branches be considered ‘property’ under TA?
YES - property includes any fixture in land (ie. cannot be taken out w/out leaving damage)
Two-limb Ivey test for dishonesty
-
Subjective limb
Ascertain facts as D believed them to be, taking into account his knowledge, traits, and circumstances. -
Objective limb
Whether ordinary decent people, looking at facts of case through D’s POV, would conclude that D acted dishonestly?
For the offence of theft (s.1), is it necessary to show that the defendant actually succeeded in permanently depriving another of their property?
No - what matters is D’s intention to do so.
- borrowing and lending for an extended period of time so as to amount to outright taking amount = suffices (R v Marshal)
- parting way with someone else’s property w/ risk of non-return (ie. pawning someone else’s earning)
What are three situations where the defendant will not be deemed to be dishonest?
Where the defendant believes they:
- Have a right to the property in law;
- Would have the owner’s consent; or
- Owner could not be discovered taking reasonable steps
Is It possible to commit theft against your own property?
Yes - provided someone else also has a proprietary claim over the property
- Garage’s lien over D’s car for unpaid invoice (R v Turner)
Distinction between robbery and regular theft
Theft offence forms part of AR for robbery - simply a form of ‘aggravated theft’ due to violent nature.
What are the three ways the element of force is satisfied for robbery?
- Inflict force
- Cause apprehension of force
- Intend to cause apprehension of force
Extent of ‘force’ necessary for robbery offence
Need not be substantial or require violence
- Can be applied indirectly (ie. through property), but must directed at a person.
AND
- intend for force to actually be felt force or apprehended by V.
Elements for robbery under s.8(1) TA
1) Theft (MR/AR)
2) Using force or apprehension of force against V or another person
AND
3) force occurred immediately before or at the time of theft
For robbery, will AR still be met if victim fears force will be inflicted unto another?
Yes
If someone who commits a theft and uses a fake gun in order to steal, are they guilty of robbery?
Yes - even if victim knew the gun was fake.
What is relevant is that D intended to cause apprehension of force
Mens rea requirement for robbery
No additional requirement, other than full MR of theft.
Although key to not:
Intention to use force must be directly relevant to theft.
- must be the means to an end (enable theft itself)
What are the two types of Burglary under section 9?
- Section 9(1)(a): *trespass with intent** to commit ulterior offence(s)
-
Section 9(1)(b):
trespass with actual commission of ulterior offences
What is required for entry under both section 9(1)(a) and (b)?
Defendant must knowingly or recklessly enter a building or part of as a trespassor with any part of their body
For burglary, if D is apprehended while stuck in fence to building, will this still amount to effective entry?
Yes - only part of D’s body needs to be trespassing
+
for s.9(1)(a) - not necessarily for D to be in position to commit ulterior offence
What is the standard required of a building or part of a building for burglary?
Struture with some degree of permanence
How can trespass arise from a visitor and the restrictions placed on them?
If a visitor exceeds the permission given to them, they become a trespasser and liable for burglary
For burglary under s.9(1)(a), what are the ulterior offences D must intend to commit?
- Theft
- Inflict GBH on anyone in the building
- Cause criminal damage
For burglary under s.9(1)(a), what are ulterior offences must D actually commit?
- Theft or attempted theft
- Inflict or attempt to inflict GBH on any person in the building
What ulterior offence relevant to s.9(1)(a) does not apply to s.9(1)(b) burglary?
Criminal damage
Does conditional intent suffice under s.9(1)(a)?
Yes - so long as intention was held by D at point of entry
Key differences between s.9(1)(a) and s.9(1)(b)
- Intent vs. actual or attempt to commit
- Ulterior offences - criminal damage vs no crim damage
- Timing of MR - entry vs. point of committing ulterior offence
What is the baseline mens rea for both types of burglary?
The defendant must know or be reckless as to the fact they are a trespasser
What are the additional mens rea requirements for section 9(1)(a) and (b) respectively?
- Section 9(1)(a): Intent to commit the underlying offence at time of entry
- Section 9(1)(b): Mens rea for underlying offence required
Additional requirement for burglary charge to turn into aggravated burglary
D is found with WIFE
- Weapon of offence
- Imitation gun
- Firearm
- Explosive
Weapon of offence
Any item made or adapted to cause injury or intended by defendant to be used as such (ie. screwdriver, hammer)
Explosive
Any item manufactured to create an explosion or intended by the defendant to explode
Is land included in the definition of property under TA?
Only be appropriate in specific circumstances (ie. trustee or PR via misappropriation).
If D knocks victim unconscious and then decided to stay V’s wallet, is D guilty of robbery?
No - theft as an afterthought to use of force does not amount to robbery.
Under what circumstances will burglary become an indictable only offence?
- Commission or an intention to commit an indictable-only offence.
- Burglary of a dwelling if any person in the dwelling was subjected to violence or the threat of violence.
- Three strikes rule = 2 previous conviction for burglary of a dwelling, and this is now D’s 3rd time.
If a homeowner leaves trash at the front of his home, does it still belong to him?
Yes, up until the point council collected it.
- case law indicated that the court do not readily find property abandoned.
For the purposes of theft, can property ‘belong’ to someone even if they were themselves unaware of it?
Yes -
- property found on owner’s land can belong to them, provided an intention to exercise control over items found is clearly displayed via notice or implied (Parker v British Airways)
Is an intention to render property useless sufficient to establish an ‘intention to permanently deprive’?
Yes (DPP v J)
Circumstances where an intention to permanently deprive’ will be made out
- Intention to render property useless (DPP v J)
- Intending to treat another‘s property in a manner which risks its loss (R v Fernandes)
- Borrowing or lending where D intends to return it minus all its goodness, virtue and practical value (R v Lloyd)
- Parting with property under a condition as to its return, which they may be unable to perform (s.6(2))
- Using another’s property for bargaining (ransom cases) (R v Raphael)
- Attempting to sell an owner their own property (R v Scott)
If D steals money from the cash register, and then returns the equivalent sum the next day, is D still guilty of theft?
Yes - theft with an intention of returning notes and coins of equivalent value is insufficient to defeat an ‘intention to permanently deprive’ (R v Velumyl)
- still guilty!
Can D still be guilty of theft for appropriating property with the owner’s consent?
Yes - appropriation is an objective description of the act done.
- operates independently from its owner’s or D’s mental state (R v Hinks)
For theft, where property is given to D by mistake, does legal title to the property remain with its original owner or pass to D?
Both D and original owner has legal title.
- reasoning = legal title still passes even where property is acquired by a mistake
BUT
- also seen as belonging to its OG owner since D is under legal duty to restore it once finds out mistake. (s.5(4) of TA)
For robbery, does indirect contact with the victim suffice to satisfy the requirement of ‘force’?
No, will simply be guilty of theft.
- require more than indirect/minimal contact with victim.
- Note whether sufficient force is used is a jury question
ie. P v DPP - D was not guilty of robbery for merely snatching a cigarette from V’s hands.
- snatching was w/out direct physical contact does not constitute the use of “force” under s.8.
- simply guilty of theft.
Does the victim actually need to fear force for a defendant to be guilty of robbery?
No - a mere intent to put the victim in fear that force would be used suffices.
