🚨Criminal Law: Property offences, fraud, criminal damage, Flashcards
What are the 4 property offences?
Theft (s1 TA 1968)
Robbery (s8 TA 1968)
Burglary (s9 TA 1968)
Aggravated burglary (s10 TA 1968)
Theft: type of offence and max penalty
Either way offence, max 7y
Theft: AR and MR
AR: Appropriation of property belonging to another
MR: dishonesty coupled with an intention to permanently deprive
Is there a difference between ‘theft’ and ‘steal’?
no
Theft: what is appropriation?
Any assumption of the rights of an owner
Theft: can you appropriate with the consent of the owner?
Yes
Theft: can gifts be appropriation?
Yes
Theft: what does ‘appropriation’ connote?
A physical act
Theft: can you appropriate more than once?
No
Theft: what does property include?
- Money: cash
- Real property: land and things attaches or fixed to it
- Personal property: any tangible object that’s not real property
- Things in action: property which cant be touched/felt but can be enforced by a legal action (eg. The credit balance of anothers account/another persons overdraft facility)
Other intangible property: eg. Patient (not electricity)
Theft: does ‘property’ include land?
No, cant steal land or things forming part of land and severed from it by him or by his directions
EXCEPT
1. trustee, PR, attorney, liquidator sells another and appropriates by dealing in breach of confidence
2. when not in possession of the land and appropriate anything forming part of the land by severing it or causing it to be severed, or after it has been severed
3. tenant appropriates whole/part of any fixture or structure let to be used with the land.
Theft: are Wild mushrooms, flowers, foliage, wild animals property?
Not unless used for profit
Theft: what does ‘belonging to another’ mean?
Where any person has possession, control, any proprietary right or interest in the property in question.
Theft: does abandoned property belong to another?
No
BUT case: bag outside charity shop wasn’t abandoned
Theft: if given money and Under obligation to deal with property in particular way, does this count as belonging to another?
Yes, eg. given money to give to charity
Theft: what is dishonesty?
- Clear dishonesty (no…)
- Partial defs, not dishonest if (subjective):
a. belief in legal right
b. belief in others consent if known of the circumstances
c. belief owner cant be found by taking reasonable steps - Ivey v Genting Casinos test
Must:
a. Ascertain (subjectively) the actual state of Ds knowledge or belief as to the facts
b. Determine whether his conduct was honest or dishonest by the (objective) standards of ordinary, decent people (D doesn’t have to understand his actions are dishonest)
Theft: can you be dishonest if you’re willing to pay?
Yes
Theft: when will there be an intention to permanently deprive?
Treats property as own regardless of owners rights
Borrows in circumstances making it equivalent to an outright taking
Theft: is borrowing an intention to permanently deprive?
No
Robbery: type of offence and max sentence
Indictable only
Max life
Robbery: AR and MR
AR: D committed theft
And used or threatened force on any person
Immediately before or at the time of theft
In order to steal
MR: MR of theft
At least be reckless as to the use/threat of force
Robbery: how is ‘force’ decided?
Ordinary word, up to jurors to decide in each case if force used/threatened
Robbery: is there a distinction between applying force to person or their property?
No
Robbery: how is the element ‘Immediately before or at the time of theft’ determined?
Question is whether the appropriation was still continuing at the time the force was used?
Jury to determine
Burglary: type of offence and max sentence?
Either way
○ Max 10y for commercial premises
○ Max 14y domestic premises
Burglary: different types?
S9(1)(a) Theft Act 1968-enter a building or part of a building as a trespasser with intent to commit theft, GBH or criminal damage.
S9(1)(b) Theft Act 1968-having entered a building or part of a building as a trespasser, committing or attempting theft or inflicting or attempting to inflict GBH.
Burglary: AR
For both:
Enter
A building or part of a building
As a trespasser
For 9(1)(b)
Commit the AR of:
* Theft
* Attempted theft
* GBH
* Attempted GBH
Burglary: MR
For both: know/be reckless that they are a trespasser
For 9(1)(a): Intend to commit:
* Theft
* GBH
* Criminal damage
At the TIME OF ENTRY
For 9(1)(b): MR for:
* Theft
* Attempted theft
* GBH
* Attempted GBH
Burglary: what must entry be?
Effective and substantial
Entry of some part of the defendant’s body into the premises could amount to an effective entry, irrelevant they were not yet in a position to commit a crime
Burglary: when will entry of an instrument into the property be sufficient?
Instrument inserted into property to steal (NOT facilitate entry) MAY be considered extension of body.
Burglary: what counts as a building?
Structures of a considerable size with some degree of permanence (house, factory, shop, shed, greenhouse, garage)
OR inhabited vehicles or vessels (houseboat, caravan, mobile home)
NOT temporary structures (tent/marquee)
Burglary: how is ‘part of a building’ determined?
Q of fact for jury to decide: (a) that the management had impliedly prohibited customers entering that area
(b) that this particular D knew that
Burglary: what counts as trespass?
Entering without consent or permission
Entering by deception
Entering with the intention of doing something contrary to a general permission to enter can amount to trespass
Burglary: can entering a building lawfully THEN after entering forming the intent to do something contrary to general permission be trespass?
No, forming the intention after entering is too late
Burglary: for 9(1)(a), WHERE must the D have the intent to commit theft/GBH/crim dam?
Theft/GBH: in THAT part of the building
Crim damage: ANY part of the building
Aggravated burglary: type of offence
Indictable only
Aggravated burglary: elements
Burglary under s9(1)(a) or s9(1)(b)
AND at the time
D had a weapon
Aggravated burglary: what counts as ‘at the time’ for each offence?
S9(1)(a)-On entry
S9(1)(b)-when committing the ulterior offence (theft, gbh,(or attempted))
Aggravated burglary: what are the types of ‘weapon’?
Weapon of offence
Imitation fire arm
Fire arm
Explosive
Aggravated burglary: what counts as a firearm/immitation firearm?
inc. airgun, air pistol, imitation firearm (anything that has appearance of being firearm, whether capable of being discharged or not)
Aggravated burglary: what does ‘weapon of offence’ mean?
Any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him for such use
Aggravated burglary: what does ‘explosive’ mean?
any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person having it with him for that purpose.
What are the 3 types of fraud?
Fraud by false representation
Fraud by failing to disclose information
Fraud by abuse of position
AR and MR of Fraud by false representation
AR: Making a representation and that representation is false
MR: D is dishonest
AND intended, by making the representation, to make a gain for themselves or another, to cause loss to another, or to expose another to a risk of loss
AND knows the representation is untrue or misleading
Fraud: when is a representation false?
(a) it is untrue or misleading
(b) AND the person making it knows that it is, or might be untrue or misleading
Fraud: what does ‘representation’ mean?
Any representation as to fact or law included a representation as to the state of mind of:
(a) the person making the representation
(b) OR any other person
Can be express or implied
Fraud: can a representation be made electronically?
representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention)
Fraud: what is the test for dishonesty?
Test from theft applies-would behaviour be regarded as dishonest by the ordinary standards of reasonable ppl
Theft: Must there be a causal link between the intended loss/gan and the false representation?
Yes, must be intended causal link (loss/gain must be indented result of false rep).
Theft: what can the ‘gain or loss’ consist of?
(a) only in money or property;
(b) include any such gain or loss whether temporary or permanent; and ‘property’ means any property whether real or personal (including things in action and other intangible property).
Theft: what does ‘gain or loss’ mean?
Gain’ includes a gain by keeping what one has, as well as a gain by getting what one does not have.
‘Loss’ includes a loss by not getting what one might get, as well as a loss by parting with what one has.
AR and MR of fraud by failing to disclose information
AR: Fail to disclose to another person information which they are under a legal duty to disclose.
MR:
* Dishonesty
* Intention, by failing to disclose the information, to make a gain for themselves or another, or to cause loss to another or to expose another to a risk of loss.
Fraud by failing to disclose info: when might you be under a ‘legal duty’ to disclose info?
Contracts
AR and MR of fraud by abuse of position
AR:
Occupy a position in which they are expected to safeguard, or not to act against, the financial interests of another person
Abuse of that position by act or omission
MR:
* Dishonesty
* intend, by means of the abuse of that position, to make a gain for themselves or another, or to cause loss to another or to expose another to a risk of loss
AR and MR of simple criminal damage
AR: Damage or destruction of property belonging to another without lawful excuse
MR:
(a) intend or be reckless as to damage or destruction of property
(b) know or be reckless as to whether the property belongs to another.
Crim dam: what counts as ‘damage or destruction’?
Impairment of the value or usefulness of property
Ask: is expense involved in restoring property?
Crim dam: what counts as property?
of a tangible nature, includes both real (eg land/buildings and personal property. Animals/plants included if tamed/ordinarily kept in captivity
Crim dam: what counts as property ‘belonging to another’?
Property shall be treated for the purposes of this Act as belonging to any person—
(a) having custody/control of it;
(b) having in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest); or
(c) having a charge on it
Crim dam: what are the 2 types of lawful excuse?
a. Honest belief in the owner’s consent
b. Protection of property
Crim dam: what will count as honest belief in owners consent?
1) Believed they had consent of person who was entitled to give permission for the damage to be caused
2) Believed they had consent of the person who they thought was entitled to permission causation of damage
3) Believed they would have had consent of the person entitled to giver permission if the person had known of the damage and circumstances
4. Believed they would have had the consent of the person who they thought was entitled to give permission if that person h
Crim dam: what type of test is the one for honest belief in owners consent (lawful excuse)?
subjective
Crim dam: for lawful excuse, does it matter if the D is intoxicated?
No
Crim dam: for lawful excuse, what are the elements of establishing protection of property?
- Was D’s (real) purpose the protection of property? – objective
- AND did D honestly believe: (subjective)
a. the property was in immediate need of protection
b. AND the means adopted were reasonable?
Crim dam: for protection of property how to establish whether Ds real objective was the protection of property?
- Must be satisfied the accused honestly believed their action was protecting/capable of protecting property (subjective).
- Must ask: were actions capable of protecting property?(Hunt)
- Not actions to remote from the eventual aim of protecting property ( Hill and Hall)
- Court will then rule as a matter of law whether this amounts to a purpose of protecting property (objective)
Crim dam: for protection of property, how is it established whether the means adopted were reasonable?
D must satisfy court that they honestly believed the damage/destruction was reasonable in the circumstances (subjective)
Crim dam: what type of test is the test for recklessness?
Subjective: if a person honestly (not necessarily reasonably) believed property was their own then they lacked the mens rea
AR and MR of aggravated criminal damage
AR
(a) Damage or destruction of property belonging to SELFor another
MR
(b) intend or be reckless as to whether any property is damaged or destroyed.
(c ) intend by the destruction of damage to endanger the life of another or be reckless as to whether another’s life may be endangered by that damage or destruction.
Aggravated crim dam: what must the danger rise from?
The damage not the defendants act that caused the damage
AR and MR of simple arson
AR: Damage or destruction of property belonging to another BY FIRE
MR:
(a) intend or be reckless as to damage or destruction of property BY FIRE
(b) know or be reckless as to whether the property belongs to another.
AR and MR of aggravated arson
AR: Damage or destruction of property belonging to self or another by fire
MR:
b) intend or be reckless as to whether any property is damaged or destroyed by fire.
(c ) intend by the destruction of damage to endanger the life of another or be reckless as to whether another’s life may be endangered by that damage or destruction by fire .
