Property Offences

Question 1

What is the main statute for property offences?

Answer 1

Theft Act 1968

Question 2

Define Theft - as per the statute

Answer 2

s. 1(1) Theft Act 1968: a person is guilty of theft is he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.

Question 3

Actus Reus of Theft

Answer 3

(a) in the appropriation of
(b) property
(c) belonging to another

Question 4

Define ‘appropriation’

Answer 4

An incorrect act
s. 3 Theft Act 1968
Owner’s consent is irrelevant

Question 5

Define ‘property’ - as per the statute

Answer 5

s. 4(1) Theft Act 1968: includes money and all other property, real or personal including things in action and other intangible property.
s. 4(2) - (4): extends the definition of property including land, wild plants, etc

Question 6

What are the exceptions to the definition of property

Answer 6

1) Electricity: not property but has a special offence under s. 13 Theft Act 1968
2) Information: Oxford v Moss [1979] - exam information / secrets not property but the paper is
3) Services: Failure to pay for service is not theft (but a Fraud Offence)
4) Bodies: R v Kelly [1998] - a corpse is not property unless it is embalmed or otherwise treated

Question 7

Define Actus Reus of Theft - Belonging to another - as per the statute

Answer 7

s. 5(1) Theft Act 1968: property shall be regarded as belonging to any person having possession or control of it, or having any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest)

Question 8

Mens Rea of Theft

Answer 8

(1) ‘dishonest’ appropriation with the

(2) ‘intention to permanently deprive’

Question 9

When is D not dishonest - as per the statute

Answer 9

s. 2 Theft Act 1968
(1) A person’s appropriation of property belonging to another is not to be regarded as dishonest -
(a) if he appropriates the property in the belief that he has in law the right to deprive the other of it, on behalf of himself or a third person; or
(b) if he appropriates the property in the belief that he would have the other’s consent if the other knew of the appropriation and the circumstances of it; or
(c) (except where the property cam to him as a trustee or personal representative) if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps.

Question 10

What statute do you use if an intention to deprive is not obvious

Answer 10

s. 6 Theft Act 1968

Question 11

Examples of activities that show an intention to permanently deprive

Answer 11

1) Ransoming or selling back property
2) Replacing with seminal property
3) Removing value from the property
4) Abandoning the property
5) ‘Conditional intent’ is NOW sufficient for theft
6) Risking the property

Question 12

Test for Dishonesty

Answer 12

Ghosh: OLD LAW
Ivey v Genting Casinos IKSC [2017]:
(a) What was the actual state of D’s knowledge or belief as to the facts?
(b) in the context of (a), was D’s conduct dishonest by the standards of ordinary decent people?

Question 13

Define Robbery - as per the statute

Answer 13

s. 8(1) Theft Act 1968: A person if guilty of robbery if he steals (=theft), an 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.

If no theft, then no robbery

Question 14

Define Burglary - as per the statute

Answer 14

s. 9 Theft Act 1968: 2 type of burglary
(1) A person is guilty of burglary if -
(a) he enters any building or part of a building as a trespasser and with intent to commit [just intent; no need for full theft / other full offence] any such offence as is mentioned in (2)
(b) having interest any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm [needs full offence or attempt]

Question 15

Actus Reus of Burglary

Answer 15

Entering a building or any part of a building as a trespasser

Question 16

Define ‘trespass’

Answer 16

Civil law concept: without a right by law or permission express or implied

Question 17

Mens Rea of Burglary (both s. 9 offences)

Answer 17

2 elements: (1) intention or recklessness as to the trespass and (2) intention to commit the ulterior offence

s. 9(1)(a) burglary is part of a ‘preventative justice’: steal, inflict GBH, cause criminal damage
s. 9(1)(b) requires the ulterior offence (or attempt) to be proved BUT D need not have intended this offence when he entered: steal, attempt to steal or cause GBH

Question 18

What offence comes under s. 10 Theft Act 1968

Answer 18

Aggravated burglary

Question 19

What offence comes under s. 22 Theft Act 1968

Answer 19

Handling stollen goods

Question 20

What offence comes under s. 21 Theft Act 1968

Answer 20

Blackmail

Question 21

What statute does the offence of ‘squatting’ come under

Answer 21

s. 144 Legal Aid, Sentencing and Punishment of Offenders Act 2012

Question 22

Define the offence of criminal damage - as per the statute

Answer 22

Criminal Damage Act 1971, s. 1(1): A person who, without lawful excuse, destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damages shall be guilty of an offence