Ofences Against The Property (theft, Robberyand Burglury) Flashcards
What is the statutory definition of the Theft Act 1968 s1?
‘A person is guilty of theft if he dishonestly appropriates property
belonging to another with the intention of permanently depriving the other of it.’
What is appropriation (s3)?
Any assumption of the rights of the owner:
E.g. possession, use, control, sell and exchange, destroy
Appropriation case & POL: hint police
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
What does section 2 of the Theft Act cover?
“Dishonestly” (MR)
What does Section 3 of the Theft Act cover?
“Appropriates” (AR)
What does section 4 of the Theft Act cover?
“Property” (AR)
What does Section 5 of the Theft Act cover?
“Belonging to another” (AR)
What does section 6 of the Theft Act cover?
“Intention to permanently deprive” (MR)
Appropriation Case 2 (Hint: gift)
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
S4 “property” case? (Hint: body)
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’
S4 “property” case (hint: confidential)
Oxford v Moss:
- • Confidential information is NOT property (civil offence)
S5 “belonging to another” case & POL
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.
S5 “belonging to another” (mistake) case & POL
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- It was possible for a theft conviction to arise where the defendant had not withdrawn the money.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.
S2 “dishonestly”: statutory exceptions
(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
S2 “Dishonestly”: the objective test
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.
S2 “dishonestly”: how to apply
- If one of the 3 statutory exceptions is relevant, apply it to the facts – it is subjective
- Apply the common law test of dishonesty set out in Barton & Booth (even if you think a statutory exception applies, just in case)
- Remember, it is an objective test to be answered by the jury after assessing the facts
- If an exception DOES apply D = not guilty
- If there is no exception, come to a reasoned conclusion after applying Booth test to the facts
S6 “intention to permanently deprive” case & POL
R v Velumyl: guilty
‘Does not matter if you intend to return or
replace them’
S6 “intention of permanently depriving” case 2 & POL
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’
Where is the statutory definition for Robbery set out?
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)
TLDR of Theft Act s8
• Robbery is an aggravated crime
• Robbery is an indictable offence
All elements of AR for robbery?
- There is a completed theft
- D uses (or threatens to use) force
- Immediately before the theft , or whilst stealing
- D uses force to steal
All elements of MR for robbery?
- D intends to steal
- D intends to use or threaten to use force
Theft (AR) in robbery
• 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
Case that determines theft into robbery?
Corcoran v Anderton (1980)
POL: the moment a theft is complete, if force has been used, it becomes a robbery
- Threat of force case & POL
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
- What amounts to a threat of force? Case & POL
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
- Force is used/threatened ‘immediately before or at the time of’ stealing
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)
MR for robbery
- D had the MR for theft
- D intended to use/threaten force to steal
What is the statutory definition of burglary in the Theft Act?
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
What is the key difference between burglary and the other 2 property offences?
You don’t have to steal ANYTHING to be guilty of this offence
AR for s9(1)(a) Theft Act?
When D entered as a trespasser, did D intend to:
- Steal
- inflict GBH
- do unlawful damage in the building
AR for s9 (1)(b) Theft Act?
Having entered the building as a trespasser, did D:
- steal or attempt to
- inflict GBH or attempt to
- Entry: must be an ‘effective entry’
• 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’
