Property Offences Flashcards
Statute of theft
Theft Act 1968
Definition of theft
S1- Dishonest appropriation of property belonging to another with intention to permanently deprive other of it
What is the actus reus of theft
S3 Appropriation- an assumption of of rights of owner R v Morris
S4 Property- tangible or intangible Oxford v Moss
S4(3) Wild flowers not property unless picked for commercial purpose
s5 belonging to another- ownership, possession or control R v Turner
What is the mens rea for theft
s2 dishonesty- ds behaviour not considered dishonoured if one of the 3 s2(1) defences apply
a) D honestly believed they have legal right
b) D honestly believed owner would consent
c) D honestly believed owner cannot be found to have taken reasonable steps
If none apply dishonesty established according to the ordinary standards of reasonable and honest people Ivey v Gentings Casino confirmed in Barton and Booth
S6 intention to permanently deprive take forever or for a period equivalent to outright taking R v Velumyl
What Act is robbery outlined in
S8 of the theft act 1968
What is the definition of robbery
A person is guilty of robbery if D steals and immediately before or at the time of doing so uses force or threat of force on any person in order to steal
What is the actus reus of robbery
- Completed theft- all the AR and MR for theft can be proven R v Robinson
- Use or threat of force - Force must be sufficient to be noticeable but threat of future force will not be sufficient R v Bentham R v Dawson and James. Must be used on a person DPP v P
- Timing of the force - must be used immediately before or at the time of the theft R v Hale R v Lockley can be ongoing act
What is the mens rea for robbery
Force used in order to steal R v Vinall
Intention as to the use or threat of force in order to steal
What act is Burglary established in
S9 of the Theft Act 1968
What are the definitions of burglary
s9(1) a) entry of a building as a trespasser with intention to steal inflict gbh or cause unlawful damage
s9(1) b) having entered as a trespasser the defendant commits or attempts to commit theft of gbh
What is the actus reus for burglary
- Entry- D must enter building or part of a building R v Ryan
- Building or part of a building R v Rodmell and R v Walkington
- As a trespasser - no permission or beyond permission. D must also know they are a trespasser or be reckless as to whether he is one R v Jones and Smith
What is the mens rea for burglary s9(1) a)
D intends to steal, inflict gbh or do unlawful damage but does not need to commit any of these offences
What is the mens rea for burglary s9(1) b)
D stole or attempted to steal or inflicted gbh or attempted to
