Ofences Against The Property (theft, Robberyand Burglury)

Question 1

What is the statutory definition of the Theft Act 1968 s1?

Answer 1

‘A person is guilty of theft if he dishonestly appropriates property
belonging to another with the intention of permanently depriving the other of it.’

Question 2

What is appropriation (s3)?

Answer 2

Any assumption of the rights of the owner:

E.g. possession, use, control, sell and exchange, destroy

Question 3

Appropriation case & POL: hint police

Answer 3

Lawrence v Commissioner for Met Police (1972:

POL = Where D has deceived the V into giving their consent to the appropriation, D’s dishonesty means the appropriation becomes theft

Question 4

What does section 2 of the Theft Act cover?

Answer 4

“Dishonestly” (MR)

Question 5

What does Section 3 of the Theft Act cover?

Answer 5

“Appropriates” (AR)

Question 6

What does section 4 of the Theft Act cover?

Answer 6

“Property” (AR)

Question 7

What does Section 5 of the Theft Act cover?

Answer 7

“Belonging to another” (AR)

Question 8

What does section 6 of the Theft Act cover?

Answer 8

“Intention to permanently deprive” (MR)

Question 9

Appropriation Case 2 (Hint: gift)

Answer 9

R v Hinks:

• A valid gift can still be appropriation (with consent)
• Once it has been established there was an appropriation, with or without consent, it is then a question for the jury as whether the D was dishonest

Question 10

S4 “property” case? (Hint: body)

Answer 10

R v Kelly & Lindsay: body parts as property

• Body parts, and dead bodies where they had ‘acquired different attributes by virtue of application of skill, such as dissection or preservation, or teaching purposes’

Question 11

S4 “property” case (hint: confidential)

Answer 11

Oxford v Moss:

• • Confidential information is NOT property (civil offence)

Question 12

S5 “belonging to another” case & POL

Answer 12

R v Turner (1971):

• The defendant took his car in to a service station for repairs. When he went to pick it up he saw that the car was left outside with the key in. He took the car without paying for the repairs. He was liable for theft of his own car since the car was regarded as belonging to the service station as they were in possession and control of it.

Question 13

S5 “belonging to another” (mistake) case & POL

Answer 13

AG Ref. (No.1 of 1983) (1985)

• It was possible for a theft conviction to arise where the defendant had not withdrawn the money. There was a legal obligation to return the money received by mistake.

Question 14

S2 “dishonestly”: statutory exceptions

Answer 14

(s2(1)(a)) right in law to deprive the other person of it: R v Holden

(s2(1)(b) would have owner’s consent if they knew about it

(s2(1)(c)) the owner can’t be reasonably discovered

Question 15

S2 “Dishonestly”: the objective test

Answer 15

Ivey v Genting casinos

‘When once his actual state of mind as to knowledge or belief as to facts is established, the question whether his conduct was honest or dishonest is to be determined by the fact-finder by applying the (objective) standards of ordinary decent people.

Question 16

S2 “dishonestly”: how to apply

Answer 16

1. If one of the 3 statutory exceptions is relevant, apply it to the facts – it is subjective
2. Apply the common law test of dishonesty set out in Barton & Booth (even if you think a statutory exception applies, just in case)
3. Remember, it is an objective test to be answered by the jury after assessing the facts
4. If an exception DOES apply D = not guilty
5. If there is no exception, come to a reasoned conclusion after applying Booth test to the facts

Question 17

S6 “intention to permanently deprive” case & POL

Answer 17

R v Velumyl: guilty

‘Does not matter if you intend to return or
replace them’

Question 18

S6 “intention of permanently depriving” case 2 & POL

Answer 18

R v Lloyd (1985): not guilty

Borrowing can become theft if D does not return the item in an unaltered state, or if they return it once it has lost its ‘practical value’

Question 19

Where is the statutory definition for Robbery set out?

Answer 19

Theft Act 1968 s8: ‘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, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force’ (s8)

Question 20

TLDR of Theft Act s8

Answer 20

• Robbery is an aggravated crime
• Robbery is an indictable offence

Question 21

All elements of AR for robbery?

Answer 21

1. There is a completed theft
2. D uses (or threatens to use) force
3. Immediately before the theft , or whilst stealing
4. D uses force to steal

Question 22

All elements of MR for robbery?

Answer 22

1. D intends to steal
2. D intends to use or threaten to use force

Question 23

Theft (AR) in robbery

Answer 23

• Must be able to prove ALL elements of the offence of theft FIRST
• If there is no theft, there will be no robbery

Ar of theft: 1) appropriation 2) of property 3) belonging to another

Question 24

Case that determines theft into robbery?

Answer 24

Corcoran v Anderton (1980)

POL: the moment a theft is complete, if force has been used, it becomes a robbery

Question 25

2. Threat of force case & POL

Answer 25

R v Dawson & James (1976): The word force is to be given its ordinary meaning and requires no direction to the jury. The jury were entitled to find that force had been used

Question 26

2. What amounts to a threat of force? Case & POL

Answer 26

B and R v DPP (2007): • no need to show V actually felt threatened: D must only seek to put someone in fear of force being used (try and scare them) • this can be implied: surrounding someone

Question 27

3. Force is used/threatened ‘immediately before or at the time of’ stealing

Answer 27

Very precise wording in the statute that Ds have tried to exploit • The courts have not allowed them to do so: • R v Hale (1979) • R v Lockley (1995)

Question 28

MR for robbery

Answer 28

- D had the MR for theft - D intended to use/threaten force to steal

Question 29

What is the statutory definition of burglary in the Theft Act?

Answer 29

S9(1)(a): entering a building or part of a building as a trespasser with intent to commit theft, GBH or criminal damage S9(1)(b): having entered as a trespasser stealing or inflicting or attempting to inflict GBH

Question 30

What is the key difference between burglary and the other 2 property offences?

Answer 30

You don’t have to steal ANYTHING to be guilty of this offence

Question 31

AR for s9(1)(a) Theft Act?

Answer 31

When D entered as a trespasser, did D intend to: - Steal - inflict GBH - do unlawful damage in the building

Question 32

AR for s9 (1)(b) Theft Act?

Answer 32

Having entered the building as a trespasser, did D: - steal or attempt to - inflict GBH or attempt to

Question 33

1. Entry: must be an ‘effective entry’

Answer 33

• No statutory definition; question for the jury • R v Brown: definition of ‘effective entry’ • R v Ryan: D was trapped, head and arm through the window = ‘effective entry’