Property offences

Question 1

What type of offence is theft?

Answer 1

An either-way offence

Question 2

What is the AR of theft s 1 TA?

Answer 2

Appropriation of property belonging to another

Question 3

What is the MR of theft?

Answer 3

Dishonesty coupled with intention to permanently deprive

Question 4

What constitutes appropriation?

Answer 4

Any assumption of rights of the owner

Includes later assumption, i.e. come by it innocently by later keeps or deals with it as owner

Gifts may be appropriation

Question 5

Does confidential information constitute property?

Answer 5

No, but IP / trademarks can be

Question 6

What is the 3 stage approach to dishonesty?

Answer 6

1. Clear dishonesty
2. Section 2 TA 1968
3. Ivey test

Question 7

What are the 3 circumstances contained within s 2 TA which will not amount to dishonesty?

Answer 7

1. Right in law to the property
2. Owner would have consented had they known the circumstances
3. Owner cannot be discovered by taking reasonable steps

Question 8

What is the test for the jury from Ivey v Genting Casinos?

Answer 8

1. Ascertain (subjectively) the actual state of the defendant’s knowledge or belief as to the facts, and then
2. Determine whether their conduct was honest or dishonest by the (objective) standards of ordinary, decent people

Question 9

What are the 4 key components of robbery s 8 TA?

Answer 9

1. Actus reus and mens rea of theft
2. Defendant uses or threatens force (must be sufficient)
3. This occurs immediately before or at the time of the robbery
4. Motivation is in order to steal

Question 10

For robbery, who must the force be used or threatened against?

Answer 10

Any person, not necessarily the owner of the property

Question 11

When must force be used or threatened for robbery?

Answer 11

Broadly simultaneously

Question 12

If force is used but not in order to steal (i.e. the theft in an incidental occurrence) is this sufficient for robbery?

Answer 12

No, it must be in order to steal and for no other reason

Question 13

What is they key difference between an offence of burglary under s 9(1)(a) and (b)?

Answer 13

Under (a), defendant must intend theft, infliction of GBH or criminal damage

Under (b), defendant must commit theft or infliction of GBH, or attempt theft or GBH

Question 14

What is the AR and MR for s 9(1)(a) burglary?

Answer 14

AR = entry to building / part as a trespasser

MR = knowledge / recklessness as to being trespasser AND intention to commit theft, GBH or criminal damage

Question 15

What is the AR and MR for s 9(1)(b) burglary?

Answer 15

AR = entry to building / part as a trespasser AND commits either theft, attempted theft, GBH or attempted GBH

MR = knowledge / recklessness as to being a trespasser AND mens rea of theft, attempted theft, GBH or attempted GBH

Question 16

When does burglary become aggravated burglary s 10 TA?

Answer 16

If “at the time” of committing the burglary the defendant has a weapon of offence or explosive

Question 17

When constitutes “at the time” for s 9(1)(a)?

Answer 17

At time of entry

Question 18

When constitutes “at the time” for s 9(1)(b)?

Answer 18

When ulterior offence is committed

Question 19

What constitutes a weapon of offence for aggravated burglary?

Answer 19

Firearm, machete, broken bottle, hammer, length of rope, handcuffs