Criminal Law - Property Offences

Question 1

Theft definition

Answer 1

S1 Theft Act 1968 - a person is guilty of theft is they dishonestly appropriate property belonging to another with intention to permanently deprive

Question 2

Dishonestly

Answer 2

S2 Theft Act 1968 (part of the mens rea)
There is no definition but there are exceptions
A) D believes they have a right in law to deprive - R v Robinson
B) they believe they would have had Vs consent if they knew - Boggeln v Williams
C) they believe the person who own the property cannot be recovered buy taking reasonable steps - R v Small
The belief must be honest, but not necessarily reasonable
If none of these apply we use the Ivey 2-part test

Question 3

What is the Ivey 2-part test

Answer 3

Established in Ivey v Genting Casinos
1) what was the actual state of the defendant’s knowledge or belief as to the facts (subjective and determined by jury)
2) in context of 1, was D’s conduct dishonest by the standard or the ordinary reasonable person
Confirmed in R v Barton and Booth

Question 4

Appropriates

Answer 4

S3 Theft Act 1968
Taking on the rights of the owner
S3(1) - any assumption of the rights of the owner
R v Morris - any assumption of rights, not all
R v Pitham and Hehl - selling is assuming rights
Atakpu v Adams - there is not continuing act, appropriation can only happen when the act happens first

Question 5

Property

Answer 5

S4 Theft Act 1968
Property includes: money, real property, personal property (R v Welsh), things in action (R v Hilton)
Things that are not property
Intellectual property - Oxford v Moss
S4(3) - cannot steal wild plants unless for commercial gain
S4(4) - wild creatures are not property unless being tamed
Electricity
Body parts unless they’re being used by others - R v Kelly and Lindsay

Question 6

Belonging to another

Answer 6

S5
Must have possession and control - R v Turner (doesn’t have to be lawful)
Can include when D didn’t know it was there - R v Woodman
Proprietary interest - R v Webster
Abandonment - R v Rostron
Exceptions
S5(3) - property renewed under obligation (R v Hall/R v Davidge and Bunnett)
S5(4) - property received by mistake, you are under obligation to return it (R v Gresham)

Question 7

With intention to permanently deprive

Answer 7

S6 Theft Act 1968 - part of the mens rea
If someone disposes of something or treats it as their own they have intention to permanently deprive - DPP v Lavender
There must be conditional intent - R v Easom
Intention to sell or ransom property back to V - R v Rafael
Intention to replace with identical property - R v Lloyd
Intention to abandon property - R v Mitchell
Intends to part with property but cannot be sure of its return - R v Fernandez

Question 8

What is the definition of robbery?

Answer 8

S8 Theft Act 1968 - a person is guilty of robbery if he steals, and immediately before or at the time of doing so and in order to do so uses force on any person OR seeks to put any person in fear of being then and there subjected to force

Question 9

What is the mens rea of robbery?

Answer 9

Dishonest intention to steal to permanently deprive
D must intend to use force to steal
R v Forrester - accidentally used force while stealing, not robbery, just theft

Question 10

Steals (robbery)

Answer 10

Must be a completed theft
R v Robinson
R v Waters
Corcoran v Anderson

Question 11

Immediately before or at the time of doing so (robbery)

Answer 11

If force is used immediately after the theft as a continuing act then that can count as part of robbery
R v Hale
R v Lockley

Question 12

In order to steal (robbery)

Answer 12

The force must be in order to steal the thing they initially intended to steal

Question 13

Uses force on any person (robbery)

Answer 13

What most people would understand force to be
However the victim must not be passive (they must try and prevent it)
R v Dawson and James
R v Monaghan and Monaghan
R v Clouden
Smith v Desmond

Question 14

Seeks to put any person in fear of being then and there subjected to force

Answer 14

B and R v DPP

Question 15

Where is burglary defined?

Answer 15

S9(1a) and S9(1b)

Question 16

How is burglary defined under S9(1a)?

Answer 16

A person who enters a building or part of a building with intention to commit theft, GBH or unlawful damage

Question 17

How is burglary defined under S9(1b)?

Answer 17

A person enters a building or part of a building as a trespasser and commits theft or GBH

Question 18

Entry to a building (burglary)

Answer 18

R v Ryan
R v Brown

Question 19

Building (burglary)

Answer 19

A structure of considerable size intended to endure a considerable time - R v Stevens and Gourley
Norfolk Constabulary v Seeking and Gould - not a building because the wheels were still on the trailer
B and S v Leathley - the trailer had no wheels making it a building

Question 20

Part of a building (burglary)

Answer 20

Cover someone who enters a building with permission but then enters a restricted area without permission
R v Walkington

Question 21

As a trespasser (burglary)

Answer 21

D recognises they are a trespasser or is subjectively reckless as to trespass
R v Collins
R v Jones and Smith

Question 22

What is the mens rea of burglary S9(1a)?

Answer 22

They have to be at least reckless (R v Collins)
They have to have intent to commit one of the three offences
If they have intention and are reckless to being a trespasser they have committed burglary AGs reference 1 and 2 1979

Question 23

What is the mens rea of burglary S9(1b)?

Answer 23

They have to be at least reckless as to trespass (R v Collins)
They must have the full mens rea of theft or GBH