Offences Against Property?

Question 1

Legislation?

Answer 1

Criminal justice (Theft & fraud offences) act 2001
Criminal damage act 1991

Question 2

Theft?

Answer 2

S4(1) 2001 act: person guilty of theft if dishonestly appropriates property without consent/ with intention of depriving owner
Dpp v Morrisey 1982 (supermarket) held he had intention of depriving owner

Question 3

Obtaining services by deception?

Answer 3

S7(1): includes inducement to confer benefit (loan) with understanding it will be paid for

Question 4

Making off without payment?

Answer 4

S8(1)
S8(2) Does not apply if supply unlawful/ service not legally enforceable

Question 5

Burglary?

Answer 5

S12(1) entering building as trespasser with intent to commit/ committing or attempting

Question 6

Burglary: Entry?

Answer 6

First element of burglary
Not necessary to prove accused succeeded in getting whole body in
R v Brown 1985 (smashed window / half body)
R v Ryan 1996 (trapped by neck with only head & right arm inside)
Ormerod: need not be effective or substantial entry

Question 7

Burglary: Trespasser?

Answer 7

Permission to enter can be limited to certain rooms/ present for particular purpose
R v Walkington 1979 (went behind counter)

Question 8

Aggravated burglary? 🚘

Answer 8

S13(1) if had firearm / imitation / weapon/ explosive
R v Murphy 1972 ( firearm must be with accused)
R v Calla 1988 (forgetting possession not a defence)
R v stones 1989 (cannot claim they had weapon for any other reason)

Question 9

Handling stolen property?

Answer 9

S17(1) guilty if recieves / arranges
Assists in removal, retention, disposal
Where they do it is taken they knew / reckless as to whether it was stolen

Question 10

Possessing stolen property?

Answer 10

S18 (1)knowing that property was stolen / reckless
S18(2) Taken to have known unless court has reasonable doubt

Question 11

Otherwise than in course of stealing?

Answer 11

Theif cannot be guilty or handling / possessing property
Would not preclude if handled again
Dpp v O’Neil 1995: Prosecution must prove someone else stole
(Charged with both robbery & handling)

Question 12

Criminal damage offences?

Answer 12

Criminal damage act 1991

Question 13

Criminal damage: damaging property?

Answer 13

S2(1) damages / intending / reckless to damage property

Question 14

Damaging property: endangering life?

Answer 14

S2(2): intending by the damage to endanger life of another / being reckless
Can belong to any person
🔑 accused must intend to endanger life, actual endangerment not necessary

Question 15

Damaging Property with intent to defraud?

Answer 15

S2(3): person who damages property whether belonging to himself or another
🔑 Recklessness will not suffice / lawful excuse not defence

Question 16

Arson?

Answer 16

S2(5)
🔑 property damaged by fire / most serious type of criminal damage

Question 17

Threat to Damage property?

Answer 17

S3
🔑 another person / own property in way likely to endanger others

Question 18

S4 Possessing anything with intent to damage property?

Answer 18

S4
🔑 belonging to another / his own / intent to defraud

Question 19

S6 Without lawful excuse?

Answer 19

S6
🔑 any offence under S2(1), S4
Lawful excuse: believed to have consent / in order to protect himself
Immaterial whether belief justified if honestly held
Lloyd v Dpp 1991 (clamp)
D v Denton 1982 (fire insurance claim)

Question 20

Robbery?

Answer 20

S14(1) Theft accompanied by threat / force
“Uses force on any person / seeks to put any person then & there subjected to force

Question 21

How much force needed to turn theft to robbery?

Answer 21

Little force
R v Dawson & James 1776 (sailor)
R v Cloude 1987 (shopping basket)
🔑 Resistance doesn’t matter
Dpp v Mangan 1995 (nuns)
🔑 force doesn’t have to be direct

Question 22

Robbery: immediacy?

Answer 22

“Then & there” make it strict requirement
R v Hale 1978 (tied up)