Property offences

Question 1

what act and section is burlary under ?

Answer 1

S9 of the theft act 1968

Question 2

explain S9.1.a

Answer 2

when D enters a building as a tresspasser with intention to steal, inflict GBH or cause damage

Question 3

explain S9.1.b

Answer 3

Once entered the building, D then decides to steal, inflict BH or attempt to steal or inflict GBH

Question 4

What are the 4 areas to burglary ?

Answer 4

1. Entry
2. Building
3. Tresspasser
4. Mens Rea x2

Question 5

explain entry

Answer 5

to enter a building
‘any insetion of D’s body’

Question 6

Ryan (1996)
head, arm, window

Answer 6

• D had his head and right arm stuck in a window
• Guilty of S9.1.a

entry

Question 7

explain Building

Answer 7

• a building is fairy perminent and conciderable size
• part - an area of a building where you can’t go
• vehicle/wheels - must be designed for habitation

Question 8

Stevens and Gourlay (1859)
shed, shop

Answer 8

• d broke into a shed being used as a shop
• judge created the test ‘conciderable size and perminent’
• guilty of S9.1.b

building

Question 9

Walkington (1979)
debhanams, till, money

Answer 9

• D entered debhanams and went behind the till and stole the money
• guilty of S9.1.a

Question 10

explain trespasser

Answer 10

• D must enter the buildingas a trespasser
• three types
  1. No permission
  2. outside area of permission
  3. exceed permission

Question 11

Collins (1972)
socks, sex, boyfriend

Answer 11

• D was invited into V’s room to have sex as she thought it was her boyfriend. after she realised it wasn’t him and kicked D out
• not guilty

trespasser

Question 12

explain mens rea for burglary

Answer 12

1. D must intend to enter as a trespasser or to be reckless
2. D must intend the final offence

Question 13

What are the 5 areas of robbery ?

Answer 13

1. theft
2. force
3. timing
4. purpose
5. mens rea

Question 14

explain theft in context of robbery

Answer 14

all 5 elements of theft need to be established
(appropriation, propery, PBA, dishonesty, ITPD)

Question 15

Corcoron V Anderton
eldery, bag, 2 boys

Answer 15

• an elderly woman restled with her handbag against 2 boys
• guilty

Question 16

explain force

Answer 16

• the defendant needs to have either threatend force or used force
  1. the force must modify v’s movement
  2. force threat can be against any person
  3. force can apply to a person/property

Question 17

Dawson and James
nudged, pickpocket

Answer 17

• D’s nudged and jostled V in order to pickpocket him
• guilty of robbery as they used foce that modified the V’s movement

Question 18

explain timing

Answer 18

• the force must be applied immediatly before or at the time of the theft
• the theft is classed as continuing whilst D is still in the building

Question 19

Hale
house, continue, tie

Answer 19

D stole from womens house and used force after (tied her up) still robbery as the force is still continuous as they were still in the building

Question 20

explain purpose

Answer 20

the purpose of the force/threatend force has to be to steal

Question 21

Donaghy
taxi, london, after

Answer 21

• D made threats to a taxi driver to take him to london. when there he stole money from him
• not guilty of robbery as the threat of force was not to steal, stealing was an afterthought

Question 22

explain the two elements of mens rea in robbery

Answer 22

D must have the:
1. intention to steal
2. intention for the force/threat

Question 23

what act is theft under

Answer 23

S1 of the theft act 1986

Question 24

define theft

Answer 24

dishonest appropriation of property belonging to another with the intention to permanently deprive

Question 25

explain S3

Answer 25

- appropriation - assumes the rights of the owners - can occur with consent Eg: dont know what they are agreeing to V V, money conset to agreed upon amount

Question 26

what is a bona fider purchaser

Answer 26

innocent party buying stolen goods unknowingly

Question 27

morris

Answer 27

- D swapped labels in a shop on items so he could pay a lower price

Question 28

S4

Answer 28

- property - 'money and all other items property, real or personal, including things in action and other intangeble property

Question 29

whats not defined as property under S4(3) and S4(4)

Answer 29

information, electricty, wild animals (except if they should be held in captivity), wild flowers

Question 30

oxford v moss

Answer 30

student read the exam paper, gaining information on questions information not classed as property so not guilty

Question 31

S5

Answer 31

- belonging to another - property belongs to another when they have possesion, ownership and controll of the item - gambling: not legally enforceable so not PBA if kept - abandonded property: lost then can be stolen, abandonded then cant be stolen as it has no owner

Question 32

S5(3)

Answer 32

when you are given money or an item for a specific reason, therefore you have a legal obligation to do as told

Question 33

S5(4)

Answer 33

if D is given the item/moeny by mistake they have a duty to return it as its PBA

Question 34

Turner

Answer 34

takes car to garage for repairs, returns in the night to take it without paying. guility as garage was in PBA until D payed

Question 35

S2

Answer 35

not dishonest if: - S2.1.a - D thinks they have the legal right to take it -S2.1.b - D thinks the owner would consent to it -S2.1.c - D cant find the owner after taking reasonable steps - barton test: would the ordinary decent person see your actions as dishonest

Question 36

Holden

Answer 36

-S2.1.a - D took scap pieces of tires home from work, accused of theft. Not guilty as everyone took them home so D thought he had the legal right to do so

Question 37

S6

Answer 37

- intention to permanently deprive - D must have the intention to permenantly deprive - generally - D deprives V of the item forever - Money - D doesn't return exact notes and coins - if borrowed - when returned item is wholly diminished

Question 38

Lloyd

Answer 38

- D takes a film reel home from work and reurns it before next showing - not guilty as it had not wholly diminshed in value