other property offences Flashcards
what is the definition of robbery?
offence will be committed when:
- defendant commits theft
- defendant uses force or threatens to use force
- the force or threat of force occurs either immediately before or at the time of the theft
- the force or threat of force that is used in order to commit the theft
what is the definition of burglary?
- D must enter either a building or part of a building
- must do this as a trespasser
- D’s entry must either have been made with an intent to commit another offence; or
- having entered the building or part of a building as a trespasser, D has either committed or attempted to commit another offence
what view has been put forward for what constitutes an entry?
R v Collins - their entry would have to be both “effective and substantial”
effective - put themselves in a position from which they are able to commit another offence
substantial - implied their entire body must be inside the building
what is a trespass?
committed when a defendant enters an area of private land without the consent or permission of the person who either owns or controls that land
if the trespass is involuntary they will not have entered as a trespasser
if they are invited by someone who has the authority to make such an invitation they will not be considered to have trespassed
what is the mens rea for the trespass?
trespass must be intentional or reckless and they must know they are entering as a trespasser
what are the elements of criminal damage?
defendant must intentionally or recklessly destroy or damage property belonging to another without lawful excuse
what is the attitude of the courts for what constitutes to destroy/damage?
if a defendant alters, harms, impairs or deteriorates property to the extent where a degree and or money would be required to restore its condition it will have been damaged
what constitutes property?
property of a tangible nature, whether real or personal including money and wild creatures which have been tamed or are ordinarily kept in captivity but not including mushrooms on wild land or flowers, fruit, foliage growing on any land
what is the definition of belonging to another?
belongs to the person having the custody or control over it and having it it any proprietary right or interest
what is the requirements for the mens rea of criminal damage?
a defendant’s intention/recklessness must relate to the damage they have caused and must also relate to the property belonging to another
what are the two situations where a defendant can have a lawful excuse?
consent of the owner of the property
acting in defence of their own property - the actions must not be too remote from their intended objectives of protecting the property
what is aggravated criminal damage?
if a defendant performs the actus reus for criminal damage with the intent to endanger life, or do so whilst being reckless to the possibility of endangering life, they will be guilty of aggravated criminal damage
when will someone have committed arson?
when criminal damage is carried out by fire
