Offences against property - Theft, Robbery + Burglary Flashcards
What is the definition of theft under s.1 Theft Act?
The dishonest appropriation of property belonging to another person, with the intention to permanently deprive the other of it.
What are the five elements of theft?
Appropriation (s.3)
Property (s.4)
Belonging to another (s.5)
Dishonesty (s.2)
Intention to permanently deprive (s.6)
What is appropriation in theft?
Any assumption of the rights of the owner
Case: R v Morris
Can consent still amount to appropriation
Yes, R v Gomez: even with consent, appropriation occurred
What case confirmed that touching is enough for appropriation?
R v Pitham and Hehl - Offering to sell stolen furniture was appropriation.
What does “belonging to another” mean?
Property can belong to another if they have possession or control, even if the owner is the legal titleholder.
Case: R v Turner
How is dishonesty assessed in theft cases?
The test for dishonesty is whether the conduct would be seen as dishonest by reasonable standards.
Case: Barton + Booth
What is intention to permanently deprive?
Treating the property as your own to dispose of, regardless of the owner’s rights.
Case: R v Velumyl - Even if intending to return money, the exact notes have to be returned
What are the two elements of the Mens Rea of theft?
Dishonesty
Intention to permanently deprive
What is the definition of Robbery under s.8 Theft Act 1968?
Theft accompanied by the use or threat of force on any person immediately before or at the time of theft, in order to steal.
What are the key elements of robbery?
A completed theft
Use or threat of force
Force must be immediately before or at the time
Force must be used to steal
What case shows that theft must be complete for robbery?
R v Robinson - No robbery if no valid theft
Can minor force be enough for robbery?
R v Dawson and James - Nudging was enough
What does R v Hale show about timing?
Force used during escape can still count as being at the time of theft.
What is the Mens Rea of robbery?
Dishonesty and intention to permanently deprive
Intent to use force to steal
What is burglary under s.9(1)(a) Theft Act?
A person enters any building or part of a building as a tresspasser with intent to steal, inflict GBH or do unlawful damage.
What must the intention be at the time of entry under s.9(1)(a)?
To commit theft, GBH, or criminal damage
What is burgulary under s.9(1)(b) Theft Act?
Having entered as trespasser, the defendant then steals or attempts to steal or inflict/attempts to inflict GBH
What is the difference between s.9 (1) (a) and s.9 (1)(b)?
(1)(a) - Requires intent at the time of entry
(1)(b) - Requires commission of the act (theft or GBH) after entry.
What counts as entry for burglary?
Effective and substantial or any insertion of the body.
R v Brown: Entry need only be effective
R v Ryan: Entry does not need to be successful in enabling theft; even partial entry is sufficient for burglary.
What is trespassing in burglary?
Entering without permission or legal authority.
R v Jones + Smith: Entering a property without permission but exceed that permission by acting dishonestly.
What counts as a building?
A structure with permanence or designed for habitation or use.
Case: B and S v Leathley - A freezer container was a building.
What is the Mens rea for s.9(1)(a)
Knowledge or recklessness as to tresspassing
Intent on entry to commit theft, GBH or criminal damage
What is the Mens rea for s.9(1)(b)
Knowledge or recklessness as to trespassing
The mens rea of the offence committed or attempted inside (theft or GBH)
