Criminal 4 - Property offences Flashcards
What are the elements that make up a theft offence?
Actus Reus:
- appropriation of property belonging to another
Mens Rea:
- dishonestly with
- intention to permanently deprive
What are the five key elements of the offence of theft?
- dishonestly
- appropriates
- property
- belonging to another
- intention to permanently deprive the other of it
What is ‘appropriation’ for theft?
- Physical act required by the defendant
- assumption of rights of the owner, even if they don’t intend to permanently deprive (e.g switch prices in shop)
- Includes later appropriation after getting property without stealing (e.g keeping a library book)
How is ‘property’ defined for a theft offence?
tangible including money
Land:
- by trustee
- by person not in posession (severing by bush of tree)
- tenant who takes something fixed to land
What property cannot be stolen?
Electricity
Confidential information e.g exam paper
Mushrooms/flowers/foliage unless to sell
wild creatures unless already in captivity
Factors covered by ‘belonging to another’
- Possession
- control
- any proprietary right or interest
- Can steal own property e.g car at garage
- When receives property from another with an obligation to deal with it in a certain way (seperate bank account yes, not if in main bank account)
What exceptions are there to the property definition for a theft offence?
- Land: but not if sell more than entitled
- Wild mushrooms, flowers, fruits & foliage: but not if picked for purpose of rewarding or commercial purposes
- Wild Animals: but not if tamed, those kept in captivity and in course of being reduced into possession
- Abandoned property
What is the definition of ‘belonging to another’ for a theft offence?
possession or control by someone else
- If property given for a particular purpose, it still belongs to another - person is under a legal obligation to use it in that way, even in domestic/social situations
- If obtained property by mistake, must restore it
- Can steal your own property
When is petrol stolen as property?
as soon as entered tank the owner of the car
What is the test for ‘dishonesty’ for a theft offence?
The Ivey test
- actual state of defendants knowledge
honest of dishonest standards of ordinary person?
- What was D’s knowledge and belief as to the facts?
Given that, was D dishonest by standards of ordinary decent people? - Looking for their genuine belief, not if it was reasonable or not
Dishonesty must be formed at time goods belonged to another
When will a D not be held as acting dishonestly for a theft offence?
(three circumstances)
- Believes they have a right in law to deprive the other of property
- believes the owner would have consented if they knew
- Person to whom the property belongs can’t be discovered
What is the status of the defendant and prosecution in regard for proving dishonesty?
Defendants: to raise one of the three reasons for not being dishonest
Prosecution: to disprove beyond reasonable doubt.
What is the meaning of ‘intention to permanently deprive’?
Includes, to:
- dispose of (e.g. rendering property useless, using for ransom),
- risks its loss, and
- more than ‘dealing with’ it
Still intention where they aim to replace it with equivalent property e.g. notes and coins
Don’t need to actually dispose to satisfy the test.
What elements make up a robbery offence?
Actus Reus:
- actus reus of theft;
- use or threat of force
- immediately before or at the time of stealing
Mens Rea:
- mens rea of theft;
- intent to use force to steal
What are the 4 key components for robbery?
- AR and MR of theft
- Defendant uses or threatens to use force
- Occurs immediatley before or at the time of robery
- Motivation is in order to steal
How can ‘force’ be satisfied for robbery?
- Uses force (doesn’t require violence & can be applied through property)
- Puts a person in fear of being then and there subject to force (no need to apply physical force)
- Seeks put a person in fear of being then and there subjected to force (even if that person isn’t aware)
What are the 2 types of burglary offences?
S9(1)(a): enter as a trespasser, with intent. Burglary committed on entry.
S9(1)(b): enter as a trespasser then Commit offence. burglary committed on commission or attempted commission of offence.
What are the elements for a s9(1)(a) burglary?
Actus Reus:
- enter a building or part of a building as a trespasser
Mens Rea:
- Knowing or being reckless as to entry as a trespasser;
- At the time of entry D intended to:
– Steal
– Inflict GBH
– Damage unlawfully
How can someone be a trespasser for a burglary offence?
- Without consent
- In excess of authority ON ENTRY
(Robbing from Dad’s house)
For a s9(1)(b) offence, what is different in comparison to s9(1)(a)?
Must have actually done one of the following:
- Stole
- Attempted to steal (if this or stole, must prove actus reus and mens rea elements of theft/attempted theft)
- Inflict GBH
- Attempted to inflict GBH
NOTE: no damage building for (1)(b)
What elements make up an aggravated burglary offence?
Commits any burglary
Has with him at the time any firearm or imitation firearm, weapon of offence, or explosive
What is a ‘weapon of offence’ under aggravated burglary?
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