offences against property: theft, robbery, burglary

Question 1

what is the definition of theft according to S1 of the theft act 1968

Answer 1

“A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it”

Question 2

is theft a summary or an either way offence

Answer 2

an either way

Question 3

what is the maximum time of imprisonment for a defendant guilty of theft

Answer 3

7 years

Question 4

what are the five elements that make up the offence of theft

Answer 4

S2-dishonesty (MR) 
S3- appropriation (AR) 
S4-property(AR) 
S5-belonging to another(AR) 
S6-intention to permanently deprive(MR)

Question 5

what is appropriation

Answer 5

to assume the rights of an owner: using, consuming, selling, keeping, destroying or disposing of the property.

Question 6

explain the case of R v Morris, Anderson v Burnside

Answer 6

F: D’s were switching labels on goods in a shop in order to pay a lower price. One D was arrested after he paid, the other after he had switched the items but before he had got to the checkout. the court had to decide if it was theft if the D hadn’t yet tried to pay the lower price.
H: appropriation took place when there was an adverse interference with or usurpation of the rights of an owner which was at the point of switching the labels- Guilty

Question 7

true or false: theft can take place even if the owner has given consent, if the consent was not fully informed

Answer 7

true

Question 8

explain the case of Lawrence v MPC

Answer 8

F: an English speaking taxi driver indicated to an Italian speaking customer that the fair the customer had given was not enough and took cash (more than the fare came to) out of the passenger’s wallet.
H: theft can occur even with the victim’s consent

Question 9

what is the definition of property

Answer 9

money and all property real or personal, including things in action and things that are intangible.

Question 10

what is the definition of real property

Answer 10

land or things fixed to it e.g. dig up someone else’s turf

Question 11

what is the definition of things in action

Answer 11

rights that can be enforced in law i.e. copyright, registered trade marks, the amount of money you have in your book account.

Question 12

what is the definition of intangible property

Answer 12

have no physical presence but can be stolen such as a patent

Question 13

what are some of the things you ‘legally’ can’t steal and their exceptions

Answer 13

1. you can’t steal plants, flowers, fruits and fungi if they are growing wild (unless you intend to sell them S4(3)
2. you can’t steal wild creatures that are not usually tame or not kept in captivity (you can e.g. steal a deer from a zoo as it is normally in captivity but not one from a private estate S4(4)
3. you can’t steal electricity (but it’s a separate offence under the theft act 1968 relating to dishonesty)
4. you can’t steal a corpse (case of sharpe) (but you can steal body parts -following Kelly- artist was given permission to draw body parts at the royal college of surgeons took a specimen. can some under S4 if they have been treated (e.g preserved)

Question 14

explain the case of R v Turner

Answer 14

F: Turner left his car at a garage for repairs agreeing to pay for the repairs when the car had been fixed. when the repairs had been almost done Turner saw the car parked outside the garage and used a spare key to drive the car away without paying for the repairs
H: the D was guilty of the theft of his own car as the garage had possession and control of the car at the time it was taken.

Question 15

explain the case of Davidge v Burnett

Answer 15

F: A D was found guilty of theft when she was given money by her flat mates to pay the gas bill but used it to buy presents. there was a legal obligation to pay the bill
H: guilty- legal obligation to pay the bill.

Question 16

how does S8 (1) of the theft act 1968 define robbery?

Answer 16

’ a person is guilty of robbery if he steals and immediately before or at the time of doing so, and in order to do so he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force ‘

Question 17

what is robbery?

Answer 17

robbery is theft plus an element of force

Question 18

what is robbery also known as?

Answer 18

an aggravated theft

Question 19

what type of offence is robbery and what is the maximum sentence one can receive?

Answer 19

an indictable offence and the maximum sentence is life imprisonment

Question 20

what is the AR of robbery?

Answer 20

theft and force or putting or seeking to put any person in fear of force immediately before or at the time of theft

Question 21

what is the MR of robbery?

Answer 21

the mens rea of theft + intention to use force to steal

Question 22

explain the case of R v Zerei

Answer 22

F: the D told the V that he was going to take his car, pulled out a knife, punched the V snatched the car keys and drove off in the V’s car .
H: the D had his conviction quashed on appeal as the trial judge hadn’t drawn the distinction between the intention to permanently deprive and the taking of a possession which merely deprived the owner for a short time.

Question 23

what was held in the case of R v Robinson?

Answer 23

the conviction was quashed because the D had a genuine belief that he had a right in law to the money.

Question 24

what was held in the case of R v Dawson and James?

Answer 24

robbery convictions were upheld where the V was nudged by the D’s forcing him to lose his balance in order for his wallet to be stolen.

Question 25

true or false: the force applied to amount to a robbery can only be direct force?

Answer 25

false, the use of indirect force on a person has been an issue focused on in many case.

Question 26

explain the case of R v Clouden?

Answer 26

F: the victim’s bag was snatched from her grasp.
H: the high court allowed the appeal stating that there was no more force used than that of removing an item from a pocket

Question 27

explain the case of B and R v DPP

Answer 27

F: the V (a 16yr old school boy) was stopped by 5 other school boys who asked for the V’s phone. as this was happening 6 boys joined in and surrounded the V. V was pushed and his arms held while he was searched. the D’s took the V’s wallet, travel card and watch. the V said he didn’t feel particularly threatened or scared just a bit shocked.
H: on appeal the D’s conviction for robbery were upheld on the grounds that a) that there was no need to show that the V felt threatened, b) there could be an implied threat of force in surrounding the V c) in this case there was some force in holding the V’s arms and pushing him

Question 28

is it a robbery when the person who isn’t having their possessions stolen be a victim of force or threat.

Answer 28

yes both the victim of threat/force and the victim of theft are victims of robbery.

Question 29

what was held in the case of Hale?

Answer 29

D’ who tied up there victim after stealing her jewellery box were considered to be guilty of theft as the theft was considered to be ongoing.

Question 30

is it a robbery when the person who isn’t having their possessions stolen be a victim of force or threat.

Answer 30

yes both the victim of threat/force and the victim of theft are victims of robbery.

Question 31

what was held in the case of Hale?

Answer 31

D’ who tied up there victim after stealing her jewellery box were considered to be guilty of theft as the theft was considered to be ongoing.

Question 32

explain the case of Lockley?

Answer 32

F: the D was caught shoplifting cans of beer and use of force on the shopkeeper who was trying to stop him from escaping. the D appealed on the basis that the theft was complete at the point he used force.
H: the CA followed the decision in Hale and hold that the D was guilty.

Question 33

what is the equation for the MR of robbery

Answer 33

MR of theft and Intention to use force to steal

Question 34

what section of the theft act 1968 is burglary under and what does it say about committing the offence of burglary?

Answer 34

S9 of the theft act 1968.

it says Burglary can be committed in two ways, one or both may be relevant.

Question 35

what is the equation for remembering S9 (1) (a)

Answer 35

trespassing+ intent to steal/ inflict GBH/unlawful damage to a building= S9 (1) (a)

Question 36

what is the equation for remembering S9 (1) (b)

Answer 36

trespassing+ stealing(or attempted to)/ inflicts (attempts to inflict) GBH/ cause damage to the building= S9 (1) (b)

Question 37

which case did the CoA la down sentencing guidelines and what was the emphasise on

Answer 37

R v Saw, emphasis was on the impact burglary had on the V rather than the cash value

Question 38

what is the minimum sentence for repeat burglars and who is it provided by

Answer 38

The Powers of Criminal Courts (Sentencing) Act 2000. 3 years

Question 39

what are the maximum sentences if a dwelling and if it is not a dwelling

Answer 39

dwelling= 14 years

not a dwelling= 10 years

Question 40

what are the 3 common elements of burglary

Answer 40

1) entry
2) of a building or part of a building
3) as a trespasser

Question 41

what is the difference between S9 (1) (a) and S9 (1) (b)

Answer 41

intention at time of entry.
S9(1)(a)- D must have intention to do 1/3 things at the time of entering the property, no act needed to commit offence, intention is enough
S9(1)(b)- D doesn’t at the time of entry have to have intention to commit theft or GBH just be proved that the D did 1/3 of these things

Question 42

in the case of R v Brown what were the jury directed to do

Answer 42

they were directed that they had to find that an effective entry had taken place to find a defendant guilty of burglary

Question 43

explain the case of R v Ryan

Answer 43

F: D was trapped when trying to get through a window into a house at 2.30am. his head and right hand was inside the house but the rest of his body was outside.
H: CoA upheld the conviction for burglary, saying that if there was evidence on which the jury could find that the D had made an effective entry, even though he became unable to steal anything

Question 44

what other ‘buildings’ does S9 of the Theft Act 1968 include?

Answer 44

inhabited places such as houseboats, caravans, sheds and outbuildings.

Question 45

explain the case of B and S v Leathley

Answer 45

F: a freezer container had been in a farmyard for 2 years being used as storage. it rested on sleepers, had doors with locks and was connected to the electricity supply.
H: This was held as a building

Question 46

explain the case of Norfolk Constabulary v Seekings and Gould

Answer 46

F:a lorry trailer with wheels which had been used for storage for over a year had steps providing access and was connected to an electricity supply.
H: not a building. the fact that it had wheels meant that it remained a vehicle.

Question 47

explain the case of R v Walkington

Answer 47

F: the D went up to the counter area on a shop and opened a till. he was guilty of burglary under S9 (1)(a) because he had entered part of a building (the counter area) as a trespasser with the intention of stealing. the counter wasn’t an area where customers were permitted to go. it was for the use of staff only. he was convicted and appealed contending that the counter which isn’t physically separated from the rest of the store can’t amount to a part of a building.
H: his conviction was upheld. There was no requirement to have a physical separation. The counter area was clearly out of bounds to the public and thus he was a trespasser in that part of the building

Question 48

true or false: for burglary to be committed, the defendant must not have permission to be on the property

Answer 48

true

Question 49

explain the case of R v Collins

Answer 49

F: D had been drinking and decided he wanted to have sexual intercourse. He saw an open window and climbed a ladder to look in. There was a naked girl asleep in bed. he took off his clothes except for his socks and climbed back up the ladder to the girl’s bedroom. As he was on the window sill outside the room, she woke up, thought it was her boyfriend and helped him into the room where they had sex. Collins was convicted of burglary under S9 (1) (a) that he had entered as a trespasser with intent to rape(couldn’t be charged with rape as she consented to sex). He appealed on the basis that he was not a trespasser as he had been invited in.
H: CoA quashed his convicted because there was no evidence that he was a trespasser the court said that a D is not a trespasser UNLESS the person entering did so either knowing he was a trespasser or was reckless as to whether or not he was entering the premises of another without the other person’s consent.

Question 50

explain the case of R v Smith and Jones

Answer 50

F: Smith and his friend went to Smith’s father’s house in the middle of the night and took 2 TV sets without the father’s knowledge or permission. The father stated his son would not be a trespasser in the house, he had a general permission to enter.
H: a person is a trespasser for the purpose of a S9(1)(b) of the Theft Act 1968 if he enters premises of another knowing that he is entering in excess of the permission that has been given to him to enter, or being reckless whether he is entering in excess of that permission’. Smith was guilty of burglary.

Question 51

what are the 3 ulterior offences which the D must have intention to commit at the time of entering under the MR for S9(1)(a)

Answer 51

1) intention to steal
2) intention to inflict GBH
3) Intention to do unlawful damage
+ intention/reckless as to trespass

Question 52

what 2 elements make up the MR of burglary

Answer 52

1) entering as trespasser

2) the ulterior offence (the offence intended to be committed)

Question 53

explain conditional intent

Answer 53

D has a relevant intent but it is conditional e.g. the D will steal something if there is something worth stealing. Likewise, will cause GBH to V if V is there. that there is nothing in the building worth stealing or that V is out of town is no bar to the defendant’s conviction.