Property offences Flashcards
What is the maximum penalty for basic criminal damage?
10 years
what is the actus reus of basic criminal damage?
Destroy/damage
Property
Belonging to another
Without lawful excuse
What is and isn’t included for property for basic criminal damage?
- pets included
Not - information
- plants/fungus (unless commercial purpose)
What does belonging to another mean for basic criminal damage?
custody/control, proprietary right/interest or charge
What is the mens rea for basic criminal damage?
Intention or
Recklessness:
* Subjectively aware of risk and
* In circumstances known to D, objectively unreasonable to take risk
As to all aspects of actus reus
What is the actus reus for basic arson?
Destroy/damage by fire
Property
Belonging to another
Without lawful excuse
What is the mens rea for basic arson?
Intention or recklessness as to destruction/damage of property belonging to another by fire
How may basic criminal damage/arson be committed with lawful excuse?
- any general defence
- o D believes the owner would have consented and
o Belief need not be reasonable - D acts to protect property
o Property was in immediate need of protection and
o Means of protection were reasonable in the circumstances
o Damage caused capable of protecting the property
What is the actus reus of aggravated criminal damage?
destroy/damage (by fire)
Property
What is the mens rea of aggravated criminal damage?
Intention or recklessness as to damage/destroy property
AND
Intention or recklessness as to endangerment of life by damage/destruction
What is important to remember about the elements of theft?
Must exist simultaneously
What is the actus reus of theft?
Appropriation
Property
Belonging to another
What does appropriation mean for theft?
assumption of rights of owner
Can someone appropriate property even with consent?
Yes
Can appropriation for theft include a later assumption?
Yes if kept/dealt with property as owner
What will not be considered appropriation?
Purchase in good faith and for value
Generally can land be stolen?
No
What property can be stolen?
Money
Real/personal
tangible/intangible
unlawful/illegal items
what does belonging to another mean for theft?
anyone with possession or control or proprietary interest
What are the effects of s5(3) and s5(4) on the meaning of belonging to another for theft?
- Treated as still belonging to owner where legal obligation to use in a certain way
- Where received by mistake – obligation to restore
What is the mens rea for theft?
Dishonestly
With intention to permanently deprive
What is not classed as dishonesty for theft?
- Right in law to deprive
- Would have consent if they knew
- Owner cannot be discovered by reasonable steps
How is dishonesty ascertained for theft?
- Subjective knowledge/belief
- Objective standard of ordinary decent people
What types of cases does ‘intention to permanently deprive’ include?
- selling back to owner
- ransom
- rendering useless
- risking loss
- borrowing or lending if for period/circumstances making it equivalent to an outright taking
- parting with property under a condition as to return which may not be able to perform
- interchangeable property
