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Criminal Law B > Crimes against property > Flashcards

Crimes against property Flashcards

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1
Q

What are the common law crimes against property

A
  1. Theft
  2. Robbery
  3. Housebreaking
  4. Fraud
  5. Malicious damage to property
  6. Arson
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2
Q

What are the statutory crimes against property?

A
  1. Possession of stolen property
  2. Receiving stolen property
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3
Q

What is theft?

A

The unlawful and intentional appropriation of the property of another which is capable of being stolen.

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4
Q

What are the elements of theft?

A
  1. Appropriation
  2. Property capable of being stolen
  3. Unlawfulness
  4. Intent
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5
Q

What is the element of appropriation?

A

Assumption of rights of ownership and exclusion of owner’s enjoyment of rights in the thing.

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6
Q

What is the factual question to determine whether it is an attempted or completed act of appropriation?

A

At what point does the owner lose control and thief gains control?

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7
Q

What is the element of property capable of being stolen?

A

The property must be capable of being physically removed

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8
Q

What is the element of unlawfulness for theft?

A

The taking must be against the owner’s will.

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9
Q

What is the element of intent for theft?

A

Intent to steal and permanently deprive owner of their property or control over the property and knowing that it is unlawful to do so.

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9
Q

What are the grounds of justification for unlawfulness for theft?

A
  1. Consent
  2. Presumed consent (negotiorum gestio)
  3. De minimus rule
  4. Public authority
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10
Q

What is the legal position regarding unauthorised borrowing irt to fungibles/non-fungibles?

A
  1. Use of fungibles would constitute theft because it is used up permanently
  2. Use of non-fungibles would constitute unauthorised borrowing
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11
Q

Which law criminalises unauthorised borrowing?

A

Section 1(1) of the GLAA.

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12
Q

What is the case for continuing crime?

A

S v Cassiem.

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13
Q

What are the facts of S v Cassiem?

A

Lady sold brand new clothes which she received from her late husband.

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14
Q

What are the facts of S v Mekula?

A

Hid bottle of whiskey but was caught by security guard then attempted to put it back but the bottle broke.

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15
Q

What is the issue that the court had to determine in S v Graham?

A

Is an incorporeal capable of being stolen

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16
Q

What are the facts of R v Sibiya?

A

Sibiya borrowed a car and crashed it before returning it.

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17
Q

What is robbery?

A

Theft of property by intentionally using violence or threat of violence to induce someone to submit to the taking of the property.

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18
Q

What are the elements of robbery?

A
  1. Theft
  2. Actual/threatened violence, causally linked to the theft
  3. Intention to acquire property by violence
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19
Q

What is the element of intention to acquire property by violence?

A

Accused must have intent to:
1. Steal the property
2. Use force or threats to overcome resistance and induce submission

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20
Q

What is the minimum sentence for a conviction of robbery with aggravating circumstances or hijacking?

A

15 years.

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21
Q

What are examples of robbery with aggravating circumstances?

A
  1. Wielding a firearm or other dangerous weapon
  2. Inflicting GBH
  3. Threatening to inflict GBH
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22
Q

Which legislative provision regulates robbery with aggravating circumstances?

A

Section 51 of the CLAA

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23
Q

What is housebreaking?

A

Unlawfully and intentionally breaking into and entering a building with the intention of committing a crime.

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24
Q

What are the elements of housebreaking?

A
  1. Breaking
  2. Entering
  3. A building
  4. Unlawfulness
  5. Intent
25
Q

What is the element of breaking?

A

Removing or displacing any obstacle forming part of a building that bars entry.

26
Q

What is the element of entry?

A

Breaking must accompany entry.

27
Q

What is entry?

A

Any part of body or an instrument controlled by thief with intention to exercise control of contents

28
Q

What is the element of a building?

A

Any structure used for human habitation or for storage or housing of property.

29
Q

What is the element of unlawfulness for housebreaking?

A

The breaking and entering of the building must be unlawful.

30
Q

What are the grounds of justification for unlawfulness in housebreaking?

A
  1. Necessity
  2. Official capacity
31
Q

What is the element of intent for housebreaking?

A
  1. Intention to unlawfully break into and enter
  2. Intention of committing a crime once inside
32
Q

What is fraud?

A

The unlawful and intentional making of a misrepresentation which causes actual prejudice or which is potentially prejudicial to another.

33
Q

What are the elements of fraud?

A
  1. Misrepresentation
  2. Prejudice or potential prejudice
  3. Intent
  4. Unlawfulness
34
Q

What is misrepresentation?

A
  1. A perversion or distortion of the truth
  2. Accused represents that a fact or set of facts exists, which in truth does not exist.
35
Q

What is the test for prejudice or potential prejudice?

A

Is it reasonably possible that prejudice would occur?

36
Q

What is intent for fraud?

A
  1. Intention to deceive and make somene believe that something which is in fact false, is true
  2. Intention to defraud and induce someone to embark on a course of action prejudicial to them as a result of the misrepresentation.
37
Q

What is malicious damage to property?

A

The unlawful and intentional damage of property belonging to another or belonging to himself in which another has a substantial interest.

38
Q

What are the elements of malicious damage to property?

A
  1. Property
  2. Damage
  3. Intent
  4. Unlawfulness
39
Q

What is the element of property?

A

Corporeal movable or IP.

40
Q

What is the element of damage for malicious damage to property?

A

The partial or total destruction of property whether permanent or temporary or where money/labour is expended to restore the property to its original state.

41
Q

What are the grounds of justification for unlawfulness for malicious damage to property?

A
  1. Statutory provisions re: animals (euthanasia by vet)
  2. Official capacity
  3. Consent by owner
42
Q

What is arson?

A

The unlawful and intentional setting fire to IP belonging to another and his own IP in which someone else has a substantial interest.

43
Q

What are the elements of arson?

A
  1. Setting fire to
  2. IP
  3. Intent
  4. Unlawfulness
44
Q

What is the element of setting fire to?

A

Crime is completed at the moment the property is set on fire.

45
Q

What is the element of intent for arson?

A

Intention to damage property by setting it alight and causing patrimonial harm.

46
Q

What provision deals with the possession of stolen property?

A

Section 36 GLAA.

47
Q

What is the possession of stolen property ito section 36?

A

Any person who is found in possession of any goods, other than stock or produce as defined in section 1 of the Stock Theft Act, in regard to which there is reasonable suspicion that they have been stolen and is unable to give a satisfactory account of such possession, shall be guilty of an offence and liable on conviction to the penalties which may be imposed on a conviction of theft.

48
Q

What are the elements of possession of stolen property?

A
  1. Good as referred to in s36
  2. Goods found in the possession of a person
  3. A reasonable suspicion that the goods have been stolen
  4. The person in possession is unable to give a satisfactory explanation of the possession.
49
Q

What are goods?

A

Property capable of being stolen.

50
Q

What is the element of goods found in the possession of a person?

A

Personal and direct control at time goods found by the Police.

51
Q

What is the element of a reasonable suspicion that the goods have been stolen?

A

Finder must have a reasonable suspicion that the goods have
been stolen at the time the goods are found in possession of the suspect.

52
Q

What is the test for reasonable suspicion?

A

Would a reasonable person in the position of a policeman, at the moment the goods were found, have also suspected that they were stolen?

53
Q

What are the factors to support reasonable suspicion?

A
  1. Nature and quantity of goods
  2. Place goods found
  3. Whether goods are new
  4. Possessor’s status and financial standing
  5. Possessor’s reaction when goods found in his possession
54
Q

What is the crime of receiving stolen property without reasonable cause?

A

Any person who in any manner, acquires or receives into their possession from any other person without having reasonable cause for believing at the time of such acquisition or receipt that such goods are the property of the person from whom they receive them or that such person has been duly authorised by the owner thereof to deal with or to dispose of them.

55
Q

What are the elements for receiving stolen property without reasonable cause?

A
  1. Possession
  2. A reasonable cause for believing
56
Q

What is the element of possession for receiving stolen property?

A

Same as possessing stolen property and includes possession of behalf of someone else.

57
Q

What is the element of a reasonable cause for believing?

A

Person must have reasonable cause to believe that goods
received from the owner or authorised person.

58
Q

What are the factors supporting receiving stolen property?

A

Same as section 36.

59
Q

What is the evidentiary presumption placed on the accused in section 37(1)(b)?

A
  1. Burden placed upon possessors of stolen property to create a reasonable doubt in the mind of the court as to whether they had reasonable cause to believe that the person who disposed of the property was entitled to do so.
  2. Accused, therefore, is required to furnish evidence as to the reasonableness of his belief
  3. Discharged on a balance of probabilities
60
Q

What are the common law crimes against property?

A
  1. Theft
  2. Robbery
  3. Housebreaking
  4. Fraud
  5. Malicious damage to property
  6. Arson
61
Q

What are the statutory crimes against property?

A
  1. Possession of stolen property
  2. Receiving stolen property.

Criminal Law B (4 decks)

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