Chapter 6: Offences under the Theft Act

Question 1

What is the actus reus of theft?

Answer 1

The dishonest appropriation of property belonging to another

Question 2

What is appropriation?

Answer 2

Any assumption of the rights of the owner

Question 3

If a defendant takes an exam paper, copies its contents and returns it, is this theft?

Answer 3

No, because information falls outside the scope of property

Question 4

What is the mens rea of theft?

Answer 4

The defendant must be dishonest and intend to permanently deprive the victim of the property

Question 5

If a person only intends to borrow property and then return it, will this amount to theft?

Answer 5

No, there is no intention to permanently deprive

Question 6

For the offence of theft, at what time is a person’s intention relevant?

Answer 6

At the time of the appropriation

Question 7

For the offence of theft, how is it decided whether a defendant is dishonest?

Answer 7

The court must decide whether their behaviour was, based on the defendant’s knowledge as to the facts, dishonest by the objective standards of reasonable and honest people

Question 8

If a person is entitled to property (a right to the property in law), will they be regarded as dishonest?

Answer 8

No

Question 9

If a person believes that they would have had the owner’s consent, will they be regarded as dishonest?

Answer 9

No

Question 10

If the owner cannot be found by taking reasonable steps, will the defendant be regarded as dishonest?

Answer 10

No

Question 11

What is the actus reus of robbery?

Answer 11

A person satisfies the actus reus of robbery if they:
- Commit theft
- Use force or threat of force immediately before or at the time of stealing
- In order to steal

Question 12

What is the mens rea of robbery?

Answer 12

The mens rea of robbery is the same as the mens rea for theft i.e. the defendant must be dishonest and intend to permanently deprive the victim of the property AND must intend to use force in order to steal

Question 13

What are the elements of s9(1)(a) burglary?

Answer 13

The defendant must enter the building with intent to:
1. Steal anything in the building
2. Inflict grievous bodily harm on anyone in the building
3. Cause criminal damage to the building or anything inside the building

*It does not matter whether the defendant stole, inflicted grievous bodily harm or caused criminal damage after entry. The crime is committed if there is an intention to do so at the time of entry.

Question 14

What are the elements of s9(1)(b) burglary?

Answer 14

• The prosecution need not prove that the defendant trespassed with the intention to steal, inflict GBH or cause criminal damage.
• The prosecution merely needs to prove that, after entering the building, the defendant actually stole or attempted to steal or inflicted or attempted to inflict GBH.

N.B. Criminal damage is not an underlying offence for s9(1)(b)

Question 15

What is the mens rea for burglary?

Answer 15

• s9(1)(a) - defendant must know that they are a trespasser and intend to commit the underlying offence at the point of entry
• s9(1)(b) - defendant must know that they are a trespasser and have the mens rea of the underlying offence

Question 16

What is aggravated burglary?

Answer 16

A defendant is guilty of aggravated burglary if he commits any burglary and at the time has with him any weapon, imitation firearm, or explosive. An offender must have the weapon when he enters the building; it cannot be something he picks up whilst inside. Includes drugs.