Property Offences

Question 1

s1 Theft - AR

Answer 1

• Appropriate
  Includes where the defendant has come by the property without stealing it, but later
  keeps or deals with it as an owner.
  D can only commit theft of the property once.
• Property
  -Money
  -Real property
  -Personal property
  -Things in action - cannot be physically seen or touched.
  -Other intangible property e.g. patent for a new drug.

Electricity, wild creatures, wild fruit/mushroom/foliage and confidential info cannot be stolen.

• Belonging to another
  Where any person has:
• possession;
• control; or
• any proprietary right or interest in the property in question.
  Can steal own property.
  Obligation to deal with property in certain way - if obligation to preserve money in separate fund.

Question 2

s1 Theft - MR - Dishonesty and intention to permanently deprive - dishonesty

Answer 2

No definition.

3 situations where not dishonest in s2:
- he has the right in law to the property
- the owner would have consented had they known of the circumstances
- the owner cannot be discovered by taking reasonable steps

Also s2 - A person may be dishonest even though they were willing to pay for the property.

Ivey test:
a) ascertain (subjectively) the actual state of the defendant’s knowledge or belief as to
the facts; and then
(b) determine whether their conduct was honest or dishonest by the (objective) standards of ordinary, decent people.

Question 3

Theft - MR - Dishonesty and intention to permanently deprive - intention to permanently deprive

Answer 3

Some problematic situations. s6 deals with these:
- intention if treating the property as the defendant’s own
- borrowing in circumstances making it equivalent to an outright taking
- intention if part with the property under a condition as to its return

Question 4

s8 Robbery

Answer 4

Indictable only offence.
Must be tried in the Crown Court.

(a) The actus reus and mens rea of theft.
(b) The defendant uses or threatens force.
(c) This occurs immediately before or at the time of the robbery.
(d) The motivation is in order to steal.

Question 5

s8 Robbery - Force used or threatened

Answer 5

Question of fact for the jury.

Force need not be substantial.

It does not matter against whom the force is used or threatened.

The force can be directed against property.

Question 6

Burglary s9(1)(a) and s 9(1)(b)

Answer 6

Either way offence that carries a maximum sentence of 10 years’ imprisonment in the Crown Court, increasing to 14 years’ imprisonment in the case of burglary of a dwelling.

Question 7

Burglary s9(1)(a) and s 9(1)(b) - AR

Answer 7

Require the D to:
* enter
* a building (or part of a building)
* as a trespasser

Building = structure of significant size with some degree of permanence.
Includes inhabited vehicles and vessels, such as houseboats.
May be liable if only enter part of a building.

Question 8

Burglary s9(1)(a) and s9(1)(b) - AR - additional for s9(1)(b)

Answer 8

The defendant must also commit the actus reus of theft, attempted theft, grievous bodily harm or attempted grievous bodily harm.

Question 9

Burglary s9(1)(a) and s9(1)(b) - MR

Answer 9

• Knowledge or recklessness as to being a trespasser

Must have mens rea on entry.

Question 10

Burglary s9(1)(a) and s9(1)(b) - MR - additional for s9(1)(a)

Answer 10

Defendant must enter with the intention to commit theft, grievous bodily harm or criminal damage in the building or that part of the building.

Need not commit it.

Question 11

Burglary s9(1)(a) and s9(1)(b) - MR - additional for s9(1)(b)

Answer 11

Defendant must also have the mens rea for either theft or
grievous bodily harm or for an attempt of one of these two offences, but not criminal damage.

Question 12

Aggravated burglary

Answer 12

Commits any burglary and at the time has with him any firearm or imitation firearm, any weapon of offence, or any explosive.

Indictable only. Has to be in Crown. Max sentence life imprisonment.

Question 13

s10 Aggravated burglary - weapons

Answer 13

• firearms (including air guns, air pistols and imitation firearms whether capable of being
  discharged or not)
• a ‘weapon of offence’ (meaning any article made or adapted for use for causing injury to
  or incapacitating a person, or intended for such use)
• explosives.

Question 14

s10 Aggravated burglary - ‘at the time’

Answer 14

s 9(1)(a) burglary: at the time of entry.

s 9(1)(b) burglary: when the ulterior offence (theft, grievous bodily harm or attempted theft
or grievous bodily harm) is committed.