Criminal Law 5 - Property Offences COPY 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 is ‘appropriation’ for theft?
- assumption of rights of the owner, even if they don’t intend to permanently depirve
- Includes later appropriation after getting property without stealing
How is ‘property’ defined for a theft offence?
tangible including money
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
What is the test for ‘dishonesty’ for a theft offence?
- 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?
- Right in law to deprive the other of property
- other would have consented if they knew
- Person to whom the property belongs can’t be discovered
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
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
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
