Criminal Law 4 - Property Offences Flashcards
Definition of theft
S1 TA 1968 - A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving them of it.
Elements of theft
S2 - Dishonesty
S3 - Appropriation
S4 - Property
S5 - Belonging to another
S6 - An intention to permanently deprive
Appropriation (s2)
Assume any right of the owner. Also includes where s(3)(1) that appropriation includes coming by the property without stealing it, but later deals with it as an owner.
Property (s4)
Money and all other property, real or personal, including things in action and other tangible property.
Land (Property exception)
By a trustee in breach of trust.
By a person who is not in possession of the land if they appropriate anything forming part of the land either by severing it or after it has been severed.
By a tenant who takes something fixed to the land they are not supposed to take
What cannot be stolen?
Electricity, confidential information (Oxford v Moss 1979)
Mushrooms, flowers, fruit or foliage
Wild creatures ( not zoos).
Belonging to another s(5)(1) TA 1968
Person has possession, control or any proprietary right or interest in the property in question
Theft of own property?
R v Turner - garage back from car. Garage had possession and control of the car
Obligation to deal with property in a particular way. S(5)(3)
Belongs to another. Under that obligation (R v Wain - Charity).
Abandoned property
Genuinely abandoned, no offence committed
Three situations where D is not dishonest. TA 1968 s2(1)
Has the right in law to property s(2)(1)(a). For example a debt owed.
Owner would have consented s(2)(1)(b)
Owner cannot be discovered by taking reasonable steps s(2)(1)(c)
Note
A person may be dishonest even though they were willing to pay s(2)(2)
Dishonesty (Courts Approach)
Clear dishonesty
TA 1968 s2
Ivery Test
Ivery test
Subjectively - the actual state of D’s knowledge or belief as to the facts.
Objectively - was this conduct honest by the standards of ordinary, decent people.
Intention to permanently deprive
Treating the property as his own, even if intending to return
The standard definition applies as well
R v Lloyd - returning film. All ‘goodness and virtue’ has to be gone.
Definition of robbery. S8 TA 1968
Steals and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in far of being then and there subjected to force
What sort of offence
Unlike theft (either way offence), indictable only.
Components of robbery
- Actus and mens rea of theft
- Defendant uses or threatens force
- Occurs immediately before or at the time of robbery
-Motivation is in order to steal
‘Force’
Question of fact for the jury - R v Dawson.
Violence not required, simple nudging or slight pushing will suffice.
Against whom?
Usually the person whose property it is, but can be against any s8.
Timing of force being used or threatened
Immediately before or at the time.
Can be a continuing act - R v Hale. Shouting threats after a theft.
Definition of burglary
S9(1)(a) - enters any building or part as a tresspasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therin any grievous bodily harm. Or unlawful damage.
S9(1)(b)-
- having entered any building or part as a tresspasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person theirin GBH.
What sort of offence is burglary
Either way. Max sentence of 10, or 14 in burglary of a dwelling.
Difference between A and B
A - thoughts of D’s mind. Must intend - theft, infliction of GBH or criminal damage
B- Actions once inside the property
Commits - theft, infliction of GBH or attempt of GBH
Entry
R v Collins. Effective and substantial entry into the room.He was invited in.
Irrelevant if D incapable of commiting crime - R v Ryan 1996.
Using an instrument - metal wire also counts as extension of the body.
Building
Structure of significant size with some degree of permanence.
Houseboats, campervans, someone has to live there.
If entering lawfully, and moves to an anauthorized location, also counts.
Tresspasser
Has to enter as a tresspasser in fact.
Asked to leave, son came in with intent to steal, banned but cover identity.
Knowledge or recklessness as to being a tresspasser. Both types
Must know or foresee the risk, and go on without justification to take that risk
Mens rea 9(1)(a) burglary
Must enter with intent to commit theft, GBH or criminal damage.
Mens rea s9(1)(b) burglary
Mens rea for either theft or GBH or for an attempt of one of those offences but not criminal damage.
s18 or s20 assault under OAPA 1861 also included.
Aggravated burglary
Commits burglary and at the time has with him any firearm or imitation firearm, any weapon of offence or any explosive.
What type of offence?
Indicitable only. Max sentence of life.
What does it require?
All elements of burlgary s9(1)(a) or s9(1)(b). Plus possession of the weapon.
‘Weapon’
Firerarm - capable of being discharged or not.
Weapon of offence - causing injury or incapacitating a person, or intended for such use.
Explosives
Exceptions
Fencing sword- different use.
Defendant must know they have the weapon with them.
’
‘At the time’
s9(1)(a) - at time of entry
s9(1)9b) - when ulterior offence is committed.
R v Francis - discarded stick after entry but before stealing - not guilty.
