6. Property Offences Flashcards
AR of Theft
Appropriation of property belonging to another
AR of Theft: Appropriation
Any assumption of any of the rights of an owner
AR of Theft: When must appropriation occur?
Appropriation can occur at the time of receiving / getting the item but also LATER if the defendant has come by property without stealing but THEN keeps or deals with it as an owner
AR of Theft: Can property be stolen more than once?
No, one item of property can only be stolen once even though there are multiple appropriations
AR of Theft: Property
Money and things in action
- personal property
- land**
- intangible property (eg. patent)
When can ‘land’ be stolen?
- By a trustee in breach of trust
- by a person not in possession of land if they appropriate anything forming part of land by severing it or after it has been severed
- By a tenant who takes something fixed to the land that they are not supposed to
What cannot be stolen
- Confidential information
- Electricity
- Things growing wild on land (provided not done for reward or commercial purposes)
- Wild Creatures (unless they are tamed or ordinarily kept captive, eg. a lion in a zoo) or if someone snares an animal and another takes it
AR of theft: belonging to another
Satisfied if another person has
1. possession
2. control or
3 any proprietary right or interest in the property
Can someone steal their own property?
Yes, if someone is retaining property of yours which you do not have the right to take yet (ie. because money is due on it), taking it is stealing
At what point does ownership in property pass (ie. gas in a car)
Once it has passed the point of no return (ie. in the gas take) the individual is the owner of it, and if they LATER develop the MR for theft this is NOT A THEFT
If someone gives another property, under an agreement that it is to be used in a particular way, who owns this property?
Normally, the recipient would but in this case the original owner is still the owner
- therefore, if the individual does something contrary to this agreement, can be treated as theft
Can abandoned property be stolen?
No, if it TRULY abandoned then it cannot be stolen - but this is rarely the case (person may be discarding it but intending it to go to a certain place / individual)
MR of Theft
Dishonesty + Intention to Permanently Deprive
MR of theft: When is D NOT dishonest?
- if D believes he has a right in law to the property
- if D believes the owner would have consented had they known the circumstances
- if D believes the owner cannot be discovered by taking reasonable steps
SUBJECTIVE TEST
If a person expresses a willingness to pay for the property after appropriation / at the time, can they still be dishonest?
Yes
General Test for dishonesty and case authority
IVEY v GENTING CASINOS
1. ascertain subjective state of defendant’s knowledge / belief as to the facts
2. determine whether their conduct was honest or dishonest by the objective standards of ordinary and decent people
When determining whether an individual was dishonest for the purpose of convicting for theft, in what order will the tests be applied?
- Clear dishonesty? If no,
- S 2 TA 1968 exceptions? if no,
- Ivey v Genting Casinos test
MR of Theft: Intention to permanently deprive
Means ‘treating the property as his own to dispose of regardless of the owner’s rights’
- can still have this intention if they intend to return property after it has been ‘used’ (ie. concert ticket)
When will ‘borrowing’ satisfy the MR of theft?
If borrowing totally takes the value / usefulness of the item - so that its usefulness has gone
If someone appropriates property and parts with it under a condition as to its return, will there be an intention to permanently deprive?
If the individual parts with the property under a condition they may not be able to perform (ie. paying back a pawn shop) they have the intention to permanently deprive the owner
Offence of Robbery : AR and MR
THEFT has been committed AND
1. Force used or threatened force
2. this was used or threatened immediately before the time of the theft
3. In order to steal
Burglary with intent section
s 9(1)(a)
Burglary section
s 9(1)(b)
Burglary with Intent: AR
- Effective entry
- as a trespasser
- Into a building (or part of a building)
Burglary with Intent: MR
When entrance occurs:
1. D knew or was reckless to fact they were trespassing
2. Intended to steal OR intend to inflict GBH, OR intend to cause criminal damage (within the building)
Is causing criminal damage to GET INTO a property, burglary?
No, but it will still be criminal damage
Burglary: AR
- Entry
- As a trespasser
- Into a building or a part
- AR of theft OR infliction of GBH OR attempted theft OR attempted GBH
Burglary: MR
- Knowledge or recklessness as to being a trespasser
- MR of theft, infliction of GBH, or attempted theft or attempted GBH
MR of attempted offences
INTENT and nothing else (eg. attempted GBH MR is an intention to commit GBH)
Aggravated Burglary
Burglary offence under 9(1)(a) or (b) and AT THAT TIME, defendant has:
- firearm
- imitation firearm
- any weapon of offence
- an explosive
What does ‘at that time’ mean for aggravated burglary under s 9(1)(a)
Defendant had the weapon with them at the point of entry
What does ‘at that time’ mean for aggravated burglary under s 9(1)(b)
Defendant had weapon on them at the time of commission of the ulterior offence (theft, GBH, attempted theft, attempted GBH)
If someone appropriates property for which an owner cannot be identified, can they still be liable for theft?
Generally, the property must ‘belong to another’ to satisfy the AR of Theft, so important to query whether the property was genuinely abandoned or whether it is likely it belongs to another and whether the suspect THINKS it does
Can a defendant still argue ‘lawful excuse’ as a defence to criminal damage if they are motivated ALSO by a desire for revenge?
Yes - the additional motivation is irrelevant so long as they satisfy the requirements for lawful excuse
