Property Offences Flashcards
What are the actus reus elements of theft?
Appropriation - physically taking the property or taking any rights of that property;
Property - only excludes information, wild flowers, and wild creatures;
Belonging to another - where another person has possession, control or any proprietary right or interest in the property.
What are the mens rea elements of theft?
Dishonesty - D knows they are committing an offence;
Intention to permanently deprive - i.e. D treats the item as their own and intends for V to permanently lose the item.
In which statutory situations is an appropriation not dishonest?
D believes it’s their right to take the property; D believes V would have consented; D believed the property was theirs.
What is the common law test for dishonesty?
(A) Consider D’s knowledge or belief of the facts; then
(B) with the facts from their perspective, determine whether their conduct was honest or dishonest by the standards of ordinary, decent people.
What differentiates Robbery from Theft?
For a robbery:
D uses or threatens force;
immediately before or at the time of the robbery; and
the use of force is in order to steal.
What is s9(1)(a) Burglary?
D enters into a building or part of a building as a trespasser with the intent to:
steal;
cause GBH; and/or
cause criminal damage
What is s9(1)(b) Burglary?
D, having entered into a building as a trespasser, steals or attempts to steal anything in the building, or inflicts/attempts to inflict GBH upon another.
What is the basic difference between 9(1)(a) burglary and 9(1)(b) burglary?
A: Focuses on the mental state of D;
B: Focuses on D’s actions once inside the property. Have to commit the actus reus.
How is a building defined in burglary?
A structure of significant size with some degree of permanence, e.g. houses, offices and warehouses.
Would not include a camper van that isn’t being used, however, would include a camper van used as a home.
Would 100% not include a tent or marquee.
Can you trespass on part of a building? How?
Yes. E.g. you’re in a building as a visitor, but move to a prohibited part e.g. if it says employees only.
What are the mens rea requirements for burglary?
D must know that they are a trespasser or are reckless to the fact they are a trespasser.
How is a person guilty of aggravated burglary?
If a burglary is committed and at the time of the offence they have a firearm or imitation firearm, any weapon of offence, or any explosive.
What ‘time’ is relevant when considering aggravated burglary for 9(1)(a) and (b) respectively?
(a) At the time of entry;
(b) when the ulterior offence is committed.
