4. Offences under the Theft Act

Question 1

Name the different offences under the Theft Act

Answer 1

1. Theft
2. Robbery
3. Burglary
4. Aggravated burglary

Question 2

Define the offence of theft under s 1 Theft Act

Answer 2

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

Question 3

What is appropriation?

Answer 3

Any assumption of at least one of the rights of the owner relating to the property.

No need to assume all of the rights- touching property/ attempting to take property may suffice even if property is not actually taken

Question 4

In a shop, when does appropriation occur?

Answer 4

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

Theft will occur if def has a dishonest intention

Question 5

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

Answer 5

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

Question 6

What is property for the purposes of theft?

Answer 6

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

Question 7

What property does theft not apply to?

Answer 7

Corpses/ confidential information (e.g. copying but returning an exam paper)

Question 8

Could theft occur if a person returns a ticket after the value of the ticket had been used?

Answer 8

Yes

Question 9

What is meant by property ‘belonging to another?’

Answer 9

Another person has possession or control over the property

Question 10

Technically, could you steal your own property?

Answer 10

Yes, if another person has possession or control over the property at the same time as you

e.g. Garages have a superior right to cars until the bill is paid, but the car is still technically your property

Question 11

If property has been truly abandoned, can a person who claims it be liable for theft?

Answer 11

No

Question 12

Will claiming property which is lost amount to theft?

Answer 12

No, provided reasonable steps were taken to find the owner, and if they can’t be found it might belong to landowner or finder.

If property on land= finder (provided not tresspasser)

If property buried in land= landowner

Question 13

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

Answer 13

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 14

Define dishonesty for the purpose of theft

Answer 14

Whether the Def’s behaviour is dishonest by objective standards of reasonable and honest people.

Therefore, it doesn’t matter what the Def thinks is dishonest.

Question 15

What is the two steps for ascertaining dishonesty?

Answer 15

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

Question 16

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

Answer 16

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 17

What is meant by ‘intention to permanently deprive?’

Answer 17

Treating property as their own regardless of
the true owner’s rights.

Question 18

When might borrowing or lending the property amount to ‘intention to
permanently deprive’

Answer 18

When it equates to an outright taking of the property

1. This is calculated by looking at the length of time or use of the property.
2. Consider whether the goodness/ virtue/ practical value of property has gone.

Question 19

When is robbery committed under section 8?

Answer 19

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 20

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

Answer 20

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

Question 21

When must the force occur?

Answer 21

Before or at the time of the theft- force must have been used in order to steal, thus cannot occur after the theft has taken place

Question 22

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

Answer 22

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

Question 23

Must the property taken belong to that specific person?

Answer 23

No- they just need to be in possession of the property taken

Question 24

What are the additional mens rea requirements for robbery?

Answer 24

There are none.

• Dishonest [ appropriation of property] with intention to permenantly deprive

Theft + force in order to steal = robbery, .

Question 25

What are the two types of Burglary under section 9?

Answer 25

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

Question 26

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

Answer 26

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

^entry does not need to be substantial or effective - partial entry can suffice

Question 27

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

Answer 27

Struture with some degree of permanence

Question 28

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

Answer 28

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

Question 29

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

Answer 29

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 30

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

Answer 30

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

Question 31

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 31

Criminal damage to the building or anything inside it

Question 32

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 32

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

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

Question 33

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

Answer 33

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

Question 34

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

Answer 34

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

Question 35

What is the offence of aggravated burgulary?

Answer 35

Defendant commits the offence of burgulary but has an offensive weapon with them at the time of the offence

Question 36

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

Answer 36

1. Firearm or imitation firearm
2. Offensive weapon
3. Explosive

Question 37

What is the definition of weapon of offence?

Answer 37

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

Question 38

What is the definition of explosive?

Answer 38

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

Question 39

For s9 (1)(a), when does the defendant need to have the weapon on their person to be liable for aggravated burglary?

Answer 39

At the time of entry

Question 40

For s9 (1)(b), when does the defendant need to have the weapon on their person to be liable for aggravated burglary?

Answer 40

At the time of committing the underlying offence