CRML5.5: Bringing concepts together offences of dishonesty Flashcards
THEFT (Theft Act 1968, s.1) - define
🔹 Actus Reus
✅ Appropriation – Taking any right of the owner (s.3)
✅ Property – Includes money, personal property, land in some cases (s.4)
✅ Belonging to Another – Ownership, possession, or control (s.5)
🔹 Mens Rea
✅ Dishonesty – Assessed using the Ivey v Genting Casinos test
✅ Intention to Permanently Deprive – Treating property as one’s own (s.6)
DEFENCES TO THEFT (Theft Act s.2(1))
✅ Belief in Legal Right – D genuinely believes they have the right (s.2(1)(a))
✅ Belief in Consent – D believes the owner would agree (s.2(1)(b))
✅ Belief Owner Cannot Be Found – Reasonable effort to locate them (s.2(1)(c))
ROBBERY (Theft Act 1968, s.8)
🔹 Elements
✅ Theft – Must be a completed theft
✅ Use of Force or Threat – Before/during theft, intended to steal
✅ Force on a Person – Violence/threat must be against a person, not property
✅ Timing – Force must be used immediately before or during the theft
Key elements of BURGLARY (Theft Act 1968, s.9)
🔹 Key Elements
✅ Entry – Effective entry (R v Ryan)
✅ Building or Part of a Building – Includes houses, shops, garages (B&S v Leathley)
✅ Trespasser – No permission to enter (R v Collins)
Burglary with intent vs burglary action based
1️⃣ s.9(1)(a) – Entry as trespasser with intent to steal, cause GBH, or damage. Enter with an intention to steal
2️⃣ s.9(1)(b) – Entry as trespasser & committing theft, GBH, or damage - action based. Decide to steal once they enter the property
Burglary is
Burglary is an offence of intrusion into people’s property (trespass) to commit crimes.
Robbery is
Violent theft. All elements of theft must be present but with use of force or elements of force
Relevant mens rea of theft
dishonesty intention to deprive that other person of the property
Actus reus of theft
appropriation of property belonging to another
Name the three types of fraud: FRAUD (Fraud Act 2006, s.1)
🔹 Three Types of Fraud
1️⃣ Fraud by False Representation (s.2) – Knowingly making a false/misleading statement
2️⃣ Fraud by Failing to Disclose (s.3) – Failing to disclose legal duty info
3️⃣ Fraud by Abuse of Position (s.4) – Abusing a position of trust
Name the key requirements of fraud
🔹 Key Requirements
✅ Dishonesty – No Theft Act dishonesty exceptions apply. This means that even if they have a belief in their right to commit fraud it will not be a valid defence
✅ Intention to Gain or Cause Loss – No need to prove actual loss
How does the court determine if a D acted dishonestly?
They will determine it objectively based on the D’s genuinely held belief of the facts. Having established those facts, the objective test is whether the defendant’s conduct amounted to dishonesty; that assessment being based the standards of ordinary decent people.
