Property Offences Flashcards
Burglary
Section 9 theft act 1968
Triable on indictment
14 years imprisonment
Six months imprisonment and or a fine
9 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 any such offence as is mentioned in subsection (2) below; or
(b)having entered 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
Trespasser
The defendant must know or be reckless as to the fact that they are entering as a trespasser (they must know they are entering without a right by law or with express or implied permission to do so)
Building
A building is generally considered to be a structure of a permanent nature. Tents and marquees are classed as buildings even if the tent is someone’s home. This also applies to vehicles or vessels (house boat)
Intentions at the time of entry
The intentions at the time of entry (not before or after) must be as follows:
- stealing, means an intention to commit theft
- inflict grevious bodily harm
- causing unlawful damage not only to the building but to anything in it
Theft act 1968
Aggravated burglary Section 10
A person is guilty of aggravated burglary if he commits any burglary and at the time has with him any weapon of offence, imitation firearm, firearm or explosive
At the time
The moment at which a burglary under S91A is committed is at the point of entry, therefore it is essential that the defendant has the WIFE with him/her when entering a building or part of a building
Has with him
This will require the defendant to have some degree of immediate control of the item. Usually will be the same as carrying although the defendant need not actually have the WIFE item on his person to be in immediate control of it. It is essential that the individual has knowledge of the presence of the WIFE item.
Firearm and imitation of firearm
This includes any airgun or pistol and imitation firearm means anything which has the appearance of being a firearm whether being capable of being dish charged or not
Weapon of offence
Items made for causing injury; bayonet, knuckle duster
Items adapted for causing injury;
Screwdriver sharpened at the tip
Items intended for causing an injury;
Cutlery knife, defendant intents to use it for injury
Items made adapted or intended to incapacitate a person; handcuffs, rope, CS SPRAY
Criminal damage
Criminal damage act 1971 section 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 damaged shall be guilty of an offence
Keynote
Criminal damage
Although triable either way is fine the value of the property destroyed or damage done is less than £5,000 this can be tried summarily (magistrates) however if the damage in such cause was by arson the rule will not apply
Destroy or damage
The term destroy or damage are not defined. Destroying property suggests that is has been rendered useless but there is no need to prove damage to property is in any way permanent or irreparable
Property
This means property of a tangible nature (something that can be touched) whether real or personal including money, wild creatures and land which have been tamed or are ordinarily kept in captivity
NOT INCLUDING MUSHROOMS GROWING WILD ON ANY LAND OR FLOWERS, FUIT, OR FOLIAGE OF A PLANT GROWING WILD ON ANY LAND
Belonging to another
This shall be treated for this act as belonging to any person
Having the custody or control of it
Hanging in it any proprietary right or interest or
Having a charge on it
Lawful excuse
Permission & protection
Permission
He believed the person or persons would have consented to it if he or they had known of the destruction or damage and its circumstances
Protection
The property, right or interest was in immediate need of protection and
That the means of protection adapted or proposed to be adopted were or would be reasonable having regard to all the circumstances
Aggravated criminal damage
Criminal damage act 1971 s.1(2)
A person who without lawful excuse destroys or damages any property whether belonging to himself or another
Intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged and
Intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered
Keynote
Aggravated
The aggravating factor in this offence is the intention of endangering life or recklessness as to whether life is endangered, the life endangered must be that of another
Criminal damage Act 1971
Arson section 1 (3)
An offence committed under this section by destroying or damaging property by fire shall be charged as arson
Threats to destroy or damage property
Section 2
A person who without lawful excuses makes to another a threat intending that the other would fear it would be carried out
- to destroy or damage any property belonging to that other or third person
- to destroy or damage his own property in a way which he knows is likely to endanger the life of that other or third person
Having articles with intent to destroy or damage property
Section 3
A person who has anything in his custody or under his control intending without lawful excuse to use it or cause or permit another to use it
- to destroy or damage any property belonging to some other person
- to destroy or damage his own or the users property in a way which he knows is likely to endanger life of some other person
Fraud by false representation
Fraud act 2006 Section 2
Dishonestly makes a false representation and intends by making this representation to make a gain for himself or another or to cause loss to another or to expose another to a risk of loss. A representation is false if it untrue or misleading and the person making it knows that it is or might be untrue or misleading
Representation
Representation may be expressed or implied and be communicated in words or conduct. There is no limitation on the way representation can be expressed so it can be written, spoken or posted on a website. The offence is complete the moment the false representation is made.
Phishing
Offence is committed by someone who engages in phishing which is the practice of sending out emails in bulk usually purporting to represent a well known brand in the hope of sending victims to a bogus website that tricks them into disclosing their bank details
Fraud by failing to disclose
Section 3
Person in breach of this section if he dishonestly fails to disclose to another person information which he is under a legal duty to disclose and intends by failing to disclose the information to make a gain for himself or another or to cause loss to another or to expose another to a risk of loss
Legal duty
This has not been defined but will include duties under oral contracts as well as written.
Fraud by abuse of position
Section 4
A person is in breach of this section if he occupies a position in which he is expected to safeguard, or not to act against the financial interests of another person,
Dishonestly abuses that position and
Intends by means of the abuse of that position to make a gain for himself or another or to cause loss to another or to expose another to a risk of loss
Difference between section 9 1A and 9 1B of theft act
- Section 91A relates to enter whereas Section 91B relates to having entered
- Offence of criminal damage is excluded from 91A
