Offences Against Property Flashcards
4 types of criminal damage
Basic s1(1)
Aggravated s1(2)
Basic by fire s1(3)
Aggravated by fire s1(4)
Elements of basic criminal damage
Without lawful excuse destroys or damages any property belonging to another
Intention and recklessness
Meaning of destroy (criminal damage)
Final
Meaning Of damage (criminal damage)
Can be temporary
Need physical damage or impairment in value of utility
Defences for criminal damage (basic only)
Believed V consented or would consent if they knew circumstances (subjective)
To protect property belonging to himself or another in need of imminent protection and means of protection were reasonable in circumstances
What is aggravated criminal damage
Basic offence plus intending by destruction and damage to endanger life of another or being reckless as to whether life would be endangered
4 ways to charge offence
Squatting in a residential building
S144 LASPO
Making off without payment
Knowing that payment for goods or services is expected
Dishonestly makes off without having paid
With intent to never pay
Handling stolen goods
Knows or believes them to be stolen goods
Dishonestly received
Dishonestly undertakes or assists in: retention, removal, disposal or realisation by or for the benefit of another person
Or if he arranges to do so
Suspicion not enough
18 ways to charge
Burglary
Enters building or part of building as trespasser with intent to commit
Theft or attempted
GBH or attempted
Criminal damage
Prove MR of ulterior offence
Trespasser or reckless to that fact
Aggravated burglary
Standard offence plus had an offensive weapon at the time
What is an offensive weapon for aggravated burglary
Anything made, adapted or intended to cause injury
Robbery
Theft plus use of force or threat of force immediately before or during theft to facilitate theft
Not to escape
MR of theft must be proved MH
Elements of theft
Dishonestly appropriate property belonging to another with the intention to permenantly deprive
Three examples of when D is not dishonest (theft)
D thought they had lawful right to deprive other of it
D thought they had consent
D believed owner could not be discovered by taking reasonable steps
Ghosh test for dishonesty
Was D dishonest according to the standards of reasonable and honest people
Did D realise they were dishonest according to the standard of reasonable and honest people
Is it theft if owner cannot be identified or it has been thrown away
Still theft even if it has been thrown away
Not theft when it is found but would be theft if you decided to keep it
What is property (theft)
Money, real, personal, things in action and intangibles
When does something belong to someone
Control, possession, property right or interest
Does a thing need to be taken from legal owner for it to be theft
No it must belong to another when it is appropriated but doesn’t need to be stolen from legal owner
What is appropriation
Any assumption by a person of their rights as an owner
What are the rights of an owner
Sell, hire, give away, lend, mortgage, damage, destroy, throw away
What is appropriation
Any touching or dealing
Need interaction, having money in account not enough
Can borrowing be permanently depriving (theft)
Depending on circumstances and length of time- are these equivalent to outright taking or disposal
Intent to treat as there own to dispose of?
Types of fraud
Fraud by false representation Fraud by failing to disclose Fraud by advise of position Dishonestly obtaining services Conspiracy to defraud
Conspiracy to defraud
Agreement to deprive of injury property rights
Dishonestly obtaining services
Payment expected for services obtained but D intends to avoid payment
Fraud by abuse of position
D occupies position to safeguard V but abuses that position with intention to make a gain for D or another, cause a loss for another or expose another to risk of loss
Fraud by failing to disclose
Legal duty to disclose and fails to do so. Intends to make gain for D or another, cause loss for another or expose another to loss
Fraud by false representation
Make a false representation and intends to make gain for D or another or cause loss to another or expose another to loss
Don’t need to prove actual gain or loss
Fraud by false representation - can representation be express or implied
Can be either
Fraud by false representation - what is false
Untrue or misleading
Must know it was untrue or misleading - not ought to knew
What is a gain or loss - fraud?
Gain includes keeping what you have and loss includes not getting what you might have got
No need to prove actual gain or loss
Theft
max 7 years prison - either way offence
what is appropriation
the assumption of any rights of an owner
Who can steal land
by a trustee in breach of trust, tenant who takes something fixed to the land they weren’t meant to take and a person who is not in possession of the land is they appropriate anything forming part of the land whether by severing it or after it has been severed.
when does property belong to another
when they have possession, control, rights or interests over it
can you steal your own property
yes when it is in the possession of another
what cannot be stolen
electricity, confidential info, plants on wild land and wild animals
when is someone NOT dishonest
the owner cannot be discovered by taking reasonable steps
the owner would have consent had they known the circumstances
you have the right in law to the property
can you be dishonest even if you are willing to pay for the property
yes
ivy test for dishonesty
ascertain subjectively the actual state of Ds knowledge or belief of the facts and then determine if their conduct was honest according to the objective standards of ordinary decent people
what is intention to permanently deprive
treating property as your own to dispose of regardless of if you actually dispose of it. even if you use it and return it
can borrowing something be intention to permanently deprive
yes if it has same effect eg taking concern ticket and using it and then returning it after concert
if you might return property can it still be intention to permanently deprive
yes parting with it under condition for return you might not be able to fulfil is depriving permanently
is it theft to take abandoned property
no
burglary
max 10 years or 14 if dwelling house - either way offence
robbery
indictable only
2 types of burglary
enter building or part of building as a trespasser
S9(1)(a) - with intent to commit theft, GBH or criminal damage
S9(1)(b) - and commit theft or GBH or attempt to to either
AR and MR elements of burglary S9(1)(a)
AR - enter building or part of building as trespasser
MR - knowledge / recklessness of being trespasser
MR- intent to commit theft, GBH or criminal damage
AR and MR elements of burglary s9(1)(b)
AR - enter building or part of building as trespasser
AR- commit AR of theft or GBH or attempt to commit AR of either
MR - Knowledge / recklessness as to being a trespasser
MR- have MR for theft or GBH
meaning of enter the building (burglary)
effective and substantial entry
meaning of a building (burglary)
a structure of significance size and some degree of permanence
what is trespassing (burglary)
entering without permission or consent
MR for trespassing (burglary)
know they are trespasser or foresee risk they are trespasser but enter anyway
when a person is asked to leave are they a trespasser
no they have a licence to leave but become a trespasser if they do not
aggravated burglary definition
burglary with a firearm or imitation firearm or weapon or explosive. requires elements of s9(1)(a) or s9(1)(b) AND to be in possession of weapon at time
when do you need to possess weapon for aggravated burglary
s9(1)(a) - at time of entry
s9(1)(b) - at time of committing ulterior offence (GBH, theft or criminal damage)
aggravated burglary
indictable only - max life sentence
methods by which fraud may be committed
abuse of position
false representation
failing to disclose info
fraud by failing to disclose info
dishonestly fail to disclose to another info which they are under a legal duty to disclose and intend by failing to disclose to make a gain for themself or another or cause a loss or risk of loss to another
fraud by abuse of position
occupy a position in which they are expected to safeguard or not to act against financial interests of another. Dishonestly abuse that position and intend to make gain for self or other or cause loss or risk of loss to other
fraud by false representation
dishonestly make false representation and intend to make gain for self or other or loss for other or risk of loss to other
you know it is or might be false
when is a representation false (fraud)
when you know it is or might be untrue or misleading
when is a statement misleading (fraud)
less than wholly true and capable of interpretation to the detriment of V
does a false representation have to be in a particular format? (fraud)
it can be spoken, written, online, implied, express, words or conduct
is it fraud by false representation if D says something which they believe is false but turns out to be true
no - not fraud
do you need to show D actually made a gain to prove fraud
no - only need to show intention
does D need to actually deceive someone to commit fraud by false representation
no only need to make the representation so can make it to a machine
made as soon as it is sent even if no one ever reads or received it
types of criminal damage
simple criminal damage - intention or recklessness to damage or destroy and believed property belonged to another.
aggravated criminal damage - intention or recklessness to damage or destroy property. no need to belong to another. intention or recklessness to endanger life.
simple arson - by fire, intention or recklessness to damage or destroy and believed property belonged to another.
aggravated arson - by fire, intention or recklessness to damage or destroy property. no need to belong to another. intention or recklessness to endanger life.
what types of criminal damage do the lawful excuses apply to
simple criminal damage and simple arson
not aggravated criminal damage or aggravated arson
what are the criminal damage lawful excuses
belief in consent - subjective belief V would consent if they knew circumstances or belief they had consented.
protection of property - subjective belief immediate need to protect property and that means adopted were reasonable to protect property. Objectively amounts to purpose of protecting proeprty.
