Offences Against Property Flashcards
theft: introduction
• Contained in the Theft Act 1968 s.1
• “dishonestly appropriates property belonging to another with intention to permanently deprive”
theft: elements
actus reus:
• Appropriation s.3
• Property s.4
• Belonging to another s.5
mens rea:
• dishonestly s.2
• intention to permanently deprive s.6
theft: appropriation s.3
assume the rights of the owner
• R v Vinall
theft: property s.4
refers to all real money and property
• money
• personal property
• real property
• things in action
• intangible property
Oxford v Moss
theft: belonging to another s.5
• person has possession or control of property or has any proprietary right
• Turner (No.2) (1997)
theft: intention to permanently deprive s.6
• treat the thing as their own to dispose of regardless the owners rights
• “goodness virtue and practical use” - Lloyd (1985)
• DPP v Lavender (1994)
theft: dishonesty s.2
exceptions:
• D has the right to deprive the other of property
• Consent
• Owner of property can not be found by taking reasonable steps
Ghosh’s test:
• Were D’s actions dishonest in comparison to the reasonable person
• Did D realise their actions were dishonest
new test:
• Were D’s actions dishonest in comparison to the reasonable person
Ivey v Gentings Casinos (2017)
robbery: introduction
• contained in the Theft Act 1968 s.8
• “immediately before or at the time of doing so, uses force to put someone in fear, subjecting them to the force.”
• theft with the use of force
robbery: elements
• completed theft (AR & MR)
AR:
• threat of force
• force immediately before or during
MR:
• intention/recklessness
• threat used in order to steal
robbery: force
‘a nudge is enough’ - Dawson and James (1976)
robbery: threat of force
• Bentham (2005)
As long as there is intention, the threat doesn’t have to be real
robbery: time of force
• immediately before or at the time of theft
• Hale (1978)
robbery: mens rea
• intent/reckless to use force/threat of force - did D realise what the threat could do
• force used in order to steal - force used for any other purpose will not amount to robbery
burglary: introduction
• s.9 (1)(a): “entering a building, or part of as a trespasser with intent to commit theft, GBH or criminal damage.”
• s.9 (1)(b): “having entered as a trespasser, stealing or inflicting GBH or attempting to inflict GBH.”
burglary: entry
• R v Ryan - partial entry can amount to a burglary