Property offences

Question 1

What is the actus reus and mens rea for basic criminal damage (basic arson) and aggravated criminal damage

Answer 1

basic:
Actus reus: Destroy or damage (by fire) property belonging to another without lawful excuse (where the defendant believes that the owner would have consented to the damage or;
where the defendant acts to protect their or another’s property
Mens rea- intention or recklessness as to the destruction or damage of property belonging to another (by fire)

Aggravated:
Actus: destroy or damage (by fire) property

Mens rea: intention or reckless as to the destruction or damage of property (by fire)
Intention or recklessness as to the endangerment of life by the damage or destruction (by fire)

Question 2

What is the actus and mens rea for theft?

Answer 2

Section 1- theft act 1968
Actus reus: appropriation of property belonging to another

Mens rea: dishonesty and intention to permanently deprive
3) defences for dishonest:
1) the defendant has a right in law to deprive
2) they would have the consent if they knew
3) the person to who the property belongs cannot be found by taking reasonable steps

2 questions asked if unsure
(i) What was the defendant’s knowledge and belief as to the facts? (ii) Given that knowledge and those beliefs, was the defendant dishonest by the standards of ordinary decent people?

Intention to permanently deprive- generally you will be giving these words their ordinary meaning. Permanent deprivation is not required. However, the extended meaning of this phrase used in section 6(1) Theft Act 1968 can be used if D is borrowing property i.e. intends to treat the thing as their own to dispose of regardless of the others rights. There are lots of examples from case law of what this can mean from intending to treat it in a manner which risks its loss and rendering the property useless for example.

Remember, all of these elements must be present at the same time in order for there to be a theft.

Question 3

What is the actus and mens rea for Robbery?

Answer 3

section 8 theft act 1968
Actus reus of theft and:
1)Use of force,
2) putting any person in fear of being then and there subjected to force
3) Seeking to put any person in fear of being then and there subjected to force
4) On any person
5) Use or threat of force immediately before or at the time of stealing

Mens rea:
Mens rea of theft and
intention to use force in order to steal

Question 4

What is the actus and mens rea of s9(1)a and b of the theft act (burglary)

Answer 4

a)
actus reus:
The defendant enters a building or part of a building as a trespasser

Mens rea:
knowing or being reckless as to entry as a trespasser,
Upon entry, the defendant must:
1) intend to steal from the building or part of the building; and/or
2) intend to inflict GBH on any person in the building or part of the building; and/or
3) intend unlawfully to damage the building or anything in the building or part

b)
Actus reus: the defendant having entered a building or part of a building as a trespasser

mens rea:
Knowing or being reckless as to entry as a trespasser,
D did one of the following:
1) stole something from the building or part of the building
2) attempted to steal something from the building or part of the building,
3) inflicted GBH on any person
4) attempted to inflict GBH on any person

Question 5

What is aggravated burgulary?

Answer 5

Aggravated burglary, section 10 Theft Act 1968

Where the defendant commits a burglary but has with them an offensive weapon.

Section 9(1)(a) offence

D has the article with them when entering the building

Section 9(1)(b) offence

D must have the article with them when committing the (attempted) theft or (attempted) GBH

An offensive weapon will be one of the following articles:

-Firearm or imitation firearm;

-Explosive; or

-Weapon of offence- ‘means any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him for such use’.

Question 6

What about fraud?

Answer 6

Fraud, section 1 Fraud Act 2006

There is only one offence of fraud in section 1 but it can be committed in three different ways.

Fraud by false representation (section 2)

Actus reus

· False representation- of fact, law or state of mind and it can be express or implied. It must be untrue or misleading. A false representation can arise in certain circumstances of overcharging and representations include those made to a machine.

Mens rea

· Dishonesty- use the test from Ivey v Genting Casinos (the three situations in the Theft Act 1968 where a defendant will not be dishonest do not apply).

· Intention to make a gain or cause a loss- actual gain or loss is not required. The gain can be for themselves or someone else. The loss can be exposing another to a risk of loss. It must be money, real or personal property (including things in action and other intangible property). The loss can be temporary or permanent.

· Mens rea for the false statement- so D must know it is or might be untrue or misleading.

Fraud by failure to disclose (section 3) i.e. where the defendant is essentially lying by omission.

Actus reus

· Existence of a legal duty to disclose- for example from statute, the terms of a contract or a fiduciary relationship to name a few examples.

· Failure to disclose information to another person- a matter of fact.

Mens rea

· Dishonesty

· Intention to make a gain or cause a loss

These bear the same meaning as discussed for fraud by false representation.

Fraud by abuse of position (section 4)

Actus reus

· Occupy a position- which requires D to look after V’s financial wellbeing. Determined on a case-by-case basis. Can be a professional, fiduciary or long-term business relationship or even within the family or voluntary work.

· Abuse that position- using it incorrectly or putting it to improper use.

Mens rea

· Dishonesty

· Intention to make a gain or cause a loss

Again, the same meaning as discussed for fraud by false representation.