property offences

Question 1

Theft definition

Answer 1

A person guilty of theft if he dishonestly appropriates property belonging to another with the intention of perminently depriving the other of it

Question 2

Act of theft

Answer 2

s1 Theft Act 1968

Question 3

Section 3 Actus Reus theft-

Answer 3

Appropriation of property means to assume rights of the owner e.g hire, sell, consume, destroy
- only need to assume one right (Morris)
- can appropriate with owners consent (Lawrence)
-appropriation is viewed as occuring at one point in time and is not a continuing act
s3 (1) - there can be an appropriation where the D acquires property without stealing it, but later decides to keep it

Question 4

Section 4 Actus Reus theft-

Answer 4

• property includes money, real or personal property, things in action (bank accounts) and other intangable things (copyright)
• cannot steal wild flowers, foliage, fungi unless use to sell. Cannot steal info (Oxford v Moss)
• A corpse is not property, but body parts/fluid can be used if in training/ exhibition (Kelly v Lindsay)

Question 5

Section 5 Actus Reus theft -

Answer 5

BTA is any person who has possesion or control over it or whom has proprietary rights or interests in the property (Turner)

• if recipient is legally obliged to deal with it in a paticular way property will BTA until obligation is carried out (Davidge & Bunnett)
• IF a person recieves property by mistake, the property belongs to the person who made the mistake until restoration is made ( AG Ref 85)

Question 6

Section 2 Mens Rea theft-

Answer 6

No legal definition of dishonesty motive for theft is irrelevant

• No dishonesty if the person believes they have s2 1a - legal right to the property s2 1b consent from the owner s2 1c abandoned
• above tests isnt relevant then the GOSH test is used:
• Were the Ds actions dishonest according to the ordinary standars of reasonable and honest people objective element
• Did the D realise t was hishonest by those standards subjective element
• Supreme court held in 2017 subjective test doesnt accuratley represent law but still used in criminal law ( Ivey v Gentings Casino)

Question 7

Section 6 Mens Rea theft-

Answer 7

Even intent to deprive but later replace with different property (e.g coins and bank notes) can amount to theft (velumyl)

• Destruction of property can also count as intent to perminently deprive
• Borrowing can amount to theft if the item loses all or significant value (season ticket)
• conditional intent is not sufficient for theft where the D intends to steal only if there is something of value worth stealing (Easom)

Question 8

Robbery definition

Answer 8

a person si guilty of robbery if he steal and immediatley 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 an there subjected to force

Question 9

Act of robbery

Answer 9

S8 Theft ACt 1968

Question 10

Actus Reus Robbery

Answer 10

Steals - completed theft is AR and MR not satisfied then no robbery (Robinson)

uses force or threat of force - prosecution needs to prove this that accomponied theft. can be small (Dawson and James) using force on a bag is same as on a person (Clouden) can be committed even if person isnt frightened (B and R V DPP)

On any Person- person threatened does not have to be person from whom the theft occurs i.e child from mother

Immediatley before or at the time- Appropriation may be a continuing act (Hale) (lockley) Can be diccicult to decide if theft has been completed: force after it, is not robbery

In order to steal - If force is not to steal then any later after theft is not robbery

Question 11

Mens Rea of robbery

Answer 11

MR for theft and intention to use force in order to steal

Question 12

Burglary 9 1a defintion

Answer 12

Any person is guilty of burglary if he enters any building or part of a building as a trespasser with intent to steal,inflict GBH or commit unlawful damage to the building or anything in it

Question 13

Act of 1a burglary

Answer 13

S9 theft act 1968

Question 14

Actus Reus of burglary 1a

Answer 14

Entry - no legal def. built through case law but doesnt have to enter an arm through window will do (Ryan)

Building - s9 (4) extended meaning of building to include inhabited vehicles or vessels. Struggeld to decide if storage container is building (B and S Leathely) ( Norfolk Constabulary v Seekings and Gould)

Part of a building - May have permission on one part bu no in another ( Walkington)

Trespasser- D must have no permission to enter. if they do they are not trespasser. where they go beyond permission they can be (Smith & Jones)

Question 15

Mens Rea of burglary 1a

Answer 15

Prove that D knew he was trespassing or reckless as to it
-intention to commit one of three ulterior offences at point of entry steal, GBH, Criminal damage

-Conditional intent is sufficient for the D to be guilty even if there is nothing worth taking and he does not actually steal

Question 16

Burglary 9 1b definition

Answer 16

a person is guilty of burglary if, having entered abuilding or part of a building as a trespasser, he steals or attempts to steal or inflicts or attempts to inflict GBH on any person in the building

Question 17

Burglary 91b Actus Reus

Answer 17

Same as 9 1a

Question 18

Burglary 9 1b Mens Rea

Answer 18

• must prove the D knew he was trespassing or reckless as to it
• Must develop intent for theft or GBH after entering building and either commit or attempt
• conditional intent is sufficnet but must be proven they attempted / completed the offence