Property Offences

Question 1

Burglary
Section 9 theft act 1968
Triable on indictment
14 years imprisonment
Six months imprisonment and or a fine

Answer 1

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

Question 2

Trespasser

Answer 2

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)

Question 3

Building

Answer 3

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)

Question 4

Intentions at the time of entry

Answer 4

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

Question 5

Theft act 1968
Aggravated burglary Section 10

Answer 5

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

Question 6

At the time

Answer 6

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

Question 7

Has with him

Answer 7

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.

Question 8

Firearm and imitation of firearm

Answer 8

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

Question 9

Weapon of offence

Answer 9

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

Question 10

Criminal damage
Criminal damage act 1971 section 1

Answer 10

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

Question 11

Keynote
Criminal damage

Answer 11

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

Question 12

Destroy or damage

Answer 12

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

Question 13

Property

Answer 13

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

Question 14

Belonging to another

Answer 14

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

Question 15

Lawful excuse
Permission & protection

Answer 15

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

Question 16

Aggravated criminal damage
Criminal damage act 1971 s.1(2)

Answer 16

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

Question 17

Keynote
Aggravated

Answer 17

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

Question 18

Criminal damage Act 1971
Arson section 1 (3)

Answer 18

An offence committed under this section by destroying or damaging property by fire shall be charged as arson

Question 19

Threats to destroy or damage property
Section 2

Answer 19

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

Question 20

Having articles with intent to destroy or damage property
Section 3

Answer 20

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

Question 21

Fraud by false representation
Fraud act 2006 Section 2

Answer 21

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

Question 22

Representation

Answer 22

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.

Question 23

Phishing

Answer 23

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

Question 24

Fraud by failing to disclose
Section 3

Answer 24

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

Question 25

Legal duty

Answer 25

This has not been defined but will include duties under oral contracts as well as written.

Question 26

Fraud by abuse of position
Section 4

Answer 26

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

Question 27

Difference between section 9 1A and 9 1B of theft act

Answer 27

1. Section 91A relates to enter whereas Section 91B relates to having entered
2. Offence of criminal damage is excluded from 91A