Offences against property Flashcards
What constitutes theft?
s.4 Criminal Justice (Theft and Fraud Offences) Act 2001 dishonest appropriation of property, without consent, with the intention of depriving the owner of it.
What constituties dishonesty in the context of theft?
S.4(5) Criminal Justice (Theft and Fraud Offences) Act 2001 dishonesty is a subjective assessment.
DPP v O’Loughlin no dishonesty, and therefore no theft, if the accused honestly believed he was entitled to take the property.
DPP v Morrissey inference of dishonesty may be drawn from conduct.
What constitutes robbery?
s. 14 Criminal Justice (Theft and Fraud Offences) Act 2001 A theft accompanied by the use of force on a person, or seeking to put any person in fear of being immediately subjected to force, immediately before or at the time of the theft in order to enable the accused to commit the theft.
DPP v Mangan Smashing car window to steal bags in the back seat, put nuns in the front in fear so they did not stop him. This was sufficient force.
What constitutes burglary?
s.12 of the Criminal justice (Theft and Fraud Offences) Act 2001 provides for two types of burglary.
1) entering a building as a trespasser and with the intent to commit an arrestable offence,
2) having entered a building as a trespasser committing or attempting to commit an arrestable offence therein.
ss.2 - A building includes an inhabited vehicle, vessle, or structure.
S.13 2001 Act burglary is aggravated if done while possesing a fire arm, explosive, or weapon of offence.
R v Murphy s.13 requires the actus reus and mens rea of possession as well as that of burglary.
R v Ryan insertion of even part of the body constitutes entry for this offence.
Barker v R entering for a purpose other than what is permitted is trespassing.
What is the offence of handling stolen property?
S.17 Criminal Justice (Theft and Fraud Offences) Act 2001 A person is guilty of handling stolen property where they receive it, or undertake or assist in its retention or realisation for the benefit of another person (AR) and they knew or were reckless as to whether it was stolen (MR)
In such circumstances that it is reasonable to conclude they either knew that the property as stolen… it shall be presumed so unless there was significant proof otherwise.
DPP v O’Neill a person cannot be convicted of handling stolen goods unless the jury is satisfied that they did not steal them.
What is the offence of possessing stolen property?
S.18 Criminal Justice (Theft and Fraud Offences) Act 2001 A person is guilty of possessing stolen property where they possess it (AR) and they knew or were reckless as to whether it was stolen (MR)
In such circumstances that it is reasonable to conclude they either knew that the property as stolen… it shall be presumed so unless there was significant proof otherwise.
DPP v O’Neill a person cannot be convicted of possessing stolen goods unless the jury is satisfied that they did not steal them.
What constitutes criminal damage?
s.2(1) Criminal Damage Act 1991 a person who damages property belonging to another, without lawful excuse, intending to do so or being reckless as to whether such property would be so damaged is guilty of this offence.
(2) damaging porperty belonging to themselves or another and endangering the life of another in doing so.
(3) damaging property belonging to themselves or another with the intent to defraud.
(5) recklessness is interpretated subjectively for this offence.
s.6(2)(a) provides for a lawful excluse - belief in consent at the time, or that they would have consented had they known the circumstances.
What constitutes arson?
s.2(4) Criminal Damage Act 1991 intentionally or recklessly damaging property belonging to you or another by means of fire.
Typically regarded as the most serious type of criminal damage, comes with the highest punishment of 10 years.
What constitutes making a gain or causing a loss by deception?
s. 2 Criminal Justice (Theft and Fraud Offences) Act 2001 defines deception as creating or reinforcing a false impression or preventing somoene from accquiring information which would inform their judgement.
s.6(1) dishonestly, with the intention of making a gain for himself or another, or causing a loss to another, by any deception induces another to do or refrain from doing something. Result based offence.
What consitutes false accounting?
s.10 Criminal Justice (Theft and Fraud Offences) Act 2001
A person is guilty of an offence if
i) he or she dishonestly with the intention of making a gain for himself or another or causing a loss to another
ii) destroys, defaces, conceals , or falsifies any account or any document made or recquired for any accounting purpose
iii) such as by making or concurring in making therin a misleading false or deceptive enty or omits a material particular therefrom.
Dennis Casey v DPP
AIBs own money was routed back into their accounts through Irish Life Assurance and Irish Lif & Permanent plc so as to look like an outside deposit for th purpose of misleading shareholders. IL CEO Denis Casey was conficted of consipracy to defraud by false accounting.
