Criminal Law 4 - Property Offences

Question 1

Definition of theft

Answer 1

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.

Question 2

Elements of theft

Answer 2

S2 - Dishonesty
S3 - Appropriation
S4 - Property
S5 - Belonging to another
S6 - An intention to permanently deprive

Question 3

Appropriation (s2)

Answer 3

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.

Question 4

Property (s4)

Answer 4

Money and all other property, real or personal, including things in action and other tangible property.

Question 5

Land (Property exception)

Answer 5

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

Question 6

What cannot be stolen?

Answer 6

Electricity, confidential information (Oxford v Moss 1979)
Mushrooms, flowers, fruit or foliage
Wild creatures ( not zoos).

Question 7

Belonging to another s(5)(1) TA 1968

Answer 7

Person has possession, control or any proprietary right or interest in the property in question

Question 8

Theft of own property?

Answer 8

R v Turner - garage back from car. Garage had possession and control of the car

Question 9

Obligation to deal with property in a particular way. S(5)(3)

Answer 9

Belongs to another. Under that obligation (R v Wain - Charity).

Question 10

Abandoned property

Answer 10

Genuinely abandoned, no offence committed

Question 11

Three situations where D is not dishonest. TA 1968 s2(1)

Answer 11

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)

Question 12

Note

Answer 12

A person may be dishonest even though they were willing to pay s(2)(2)

Question 13

Dishonesty (Courts Approach)

Answer 13

Clear dishonesty
TA 1968 s2
Ivery Test

Question 14

Ivery test

Answer 14

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.

Question 15

Intention to permanently deprive

Answer 15

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.

Question 16

Definition of robbery. S8 TA 1968

Answer 16

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

Question 17

What sort of offence

Answer 17

Unlike theft (either way offence), indictable only.

Question 18

Components of robbery

Answer 18

• 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

Question 19

‘Force’

Answer 19

Question of fact for the jury - R v Dawson.
Violence not required, simple nudging or slight pushing will suffice.

Question 20

Against whom?

Answer 20

Usually the person whose property it is, but can be against any s8.

Question 21

Timing of force being used or threatened

Answer 21

Immediately before or at the time.
Can be a continuing act - R v Hale. Shouting threats after a theft.

Question 22

Definition of burglary

Answer 22

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.

Question 23

What sort of offence is burglary

Answer 23

Either way. Max sentence of 10, or 14 in burglary of a dwelling.

Question 24

Difference between A and B

Answer 24

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

Question 25

Entry

Answer 25

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.

Question 26

Building

Answer 26

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.

Question 27

Tresspasser

Answer 27

Has to enter as a tresspasser in fact.
Asked to leave, son came in with intent to steal, banned but cover identity.

Question 28

Knowledge or recklessness as to being a tresspasser. Both types

Answer 28

Must know or foresee the risk, and go on without justification to take that risk

Question 29

Mens rea 9(1)(a) burglary

Answer 29

Must enter with intent to commit theft, GBH or criminal damage.

Question 30

Mens rea s9(1)(b) burglary

Answer 30

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.

Question 31

Aggravated burglary

Answer 31

Commits burglary and at the time has with him any firearm or imitation firearm, any weapon of offence or any explosive.

Question 32

What type of offence?

Answer 32

Indicitable only. Max sentence of life.

Question 33

What does it require?

Answer 33

All elements of burlgary s9(1)(a) or s9(1)(b). Plus possession of the weapon.

Question 34

‘Weapon’

Answer 34

Firerarm - capable of being discharged or not.
Weapon of offence - causing injury or incapacitating a person, or intended for such use.
Explosives

Question 35

Exceptions

Answer 35

Fencing sword- different use.
Defendant must know they have the weapon with them.

Question 36

’

Question 37

‘At the time’

Answer 37

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.