6. Property Offences

Question 1

AR of Theft

Answer 1

Appropriation of property belonging to another

Question 2

AR of Theft: Appropriation

Answer 2

Any assumption of any of the rights of an owner

Question 3

AR of Theft: When must appropriation occur?

Answer 3

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

Question 4

AR of Theft: Can property be stolen more than once?

Answer 4

No, one item of property can only be stolen once even though there are multiple appropriations

Question 5

AR of Theft: Property

Answer 5

Money and things in action
- personal property
- land**
- intangible property (eg. patent)

Question 6

When can ‘land’ be stolen?

Answer 6

1. By a trustee in breach of trust
2. 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
3. By a tenant who takes something fixed to the land that they are not supposed to

Question 7

What cannot be stolen

Answer 7

1. Confidential information
2. Electricity
3. Things growing wild on land (provided not done for reward or commercial purposes)
4. 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

Question 8

AR of theft: belonging to another

Answer 8

Satisfied if another person has
1. possession
2. control or
3 any proprietary right or interest in the property

Question 9

Can someone steal their own property?

Answer 9

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

Question 10

At what point does ownership in property pass (ie. gas in a car)

Answer 10

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

Question 11

If someone gives another property, under an agreement that it is to be used in a particular way, who owns this property?

Answer 11

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

Question 12

Can abandoned property be stolen?

Answer 12

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)

Question 13

MR of Theft

Answer 13

Dishonesty + Intention to Permanently Deprive

Question 14

MR of theft: When is D NOT dishonest?

Answer 14

1. if D believes he has a right in law to the property
2. if D believes the owner would have consented had they known the circumstances
3. if D believes the owner cannot be discovered by taking reasonable steps
   SUBJECTIVE TEST

Question 15

If a person expresses a willingness to pay for the property after appropriation / at the time, can they still be dishonest?

Answer 15

Yes

Question 16

General Test for dishonesty and case authority

Answer 16

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

Question 17

When determining whether an individual was dishonest for the purpose of convicting for theft, in what order will the tests be applied?

Answer 17

1. Clear dishonesty? If no,
2. S 2 TA 1968 exceptions? if no,
3. Ivey v Genting Casinos test

Question 18

MR of Theft: Intention to permanently deprive

Answer 18

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)

Question 19

When will ‘borrowing’ satisfy the MR of theft?

Answer 19

If borrowing totally takes the value / usefulness of the item - so that its usefulness has gone

Question 20

If someone appropriates property and parts with it under a condition as to its return, will there be an intention to permanently deprive?

Answer 20

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

Question 21

Offence of Robbery : AR and MR

Answer 21

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

Question 22

Burglary with intent section

Answer 22

s 9(1)(a)

Question 23

Burglary section

Answer 23

s 9(1)(b)

Question 24

Burglary with Intent: AR

Answer 24

1. Effective entry
2. as a trespasser
3. Into a building (or part of a building)

Question 25

Burglary with Intent: MR

Answer 25

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)

Question 26

Is causing criminal damage to GET INTO a property, burglary?

Answer 26

No, but it will still be criminal damage

Question 27

Burglary: AR

Answer 27

1. Entry
2. As a trespasser
3. Into a building or a part
4. AR of theft OR infliction of GBH OR attempted theft OR attempted GBH

Question 28

Burglary: MR

Answer 28

1. Knowledge or recklessness as to being a trespasser
2. MR of theft, infliction of GBH, or attempted theft or attempted GBH

Question 29

MR of attempted offences

Answer 29

INTENT and nothing else (eg. attempted GBH MR is an intention to commit GBH)

Question 30

Aggravated Burglary

Answer 30

Burglary offence under 9(1)(a) or (b) and AT THAT TIME, defendant has:
- firearm
- imitation firearm
- any weapon of offence
- an explosive

Question 31

What does ‘at that time’ mean for aggravated burglary under s 9(1)(a)

Answer 31

Defendant had the weapon with them at the point of entry

Question 32

What does ‘at that time’ mean for aggravated burglary under s 9(1)(b)

Answer 32

Defendant had weapon on them at the time of commission of the ulterior offence (theft, GBH, attempted theft, attempted GBH)

Question 33

If someone appropriates property for which an owner cannot be identified, can they still be liable for theft?

Answer 33

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