Property Offences

Question 1

What are the actus reus elements for theft?

Answer 1

Appropriates Property
Belonging to another

Question 2

What are the mens rea elements for theft?

Answer 2

Dishonestly
Intention to permanently deprive
Another person

Question 3

Define Appropriation

Answer 3

Does not just involve taking something - It is when you treat something as if its your own.
Such as:
Taking something and keeping it
Selling it
Destroying or damaging something
Lending it to someone else
Modifying or changing it

Question 4

Define Property

Answer 4

(Defined in section 4 Theft Act)
Includes money and all other property, real or personal, including things in action and other intangible property.
Such as:
Money
Personal Property
Real Property
Things in action (debt)
Intangible Property (things that cannot be seen but can class as property)

Question 5

Define Belonging to another

Answer 5

(This is defined in Section 5 Theft act)
Property shall be regarded as belonging to another or having possession or control of it or having right of interest.
Such as:
Another person owning something
Another person having possession or control of something
Includes stealing your own property (R v Turner)
Obtaining another persons property by mistake and keeping it

Question 6

Define Dishonesty

Answer 6

In deciding if someone is dishonest the Ghosh test was used however a recent case of IVEY V GENTING CASINO has removed the second part of this test.
THE JURY HAVE TO ASK:
- What was the state of D’s knowledge or belief of facts
- Were their actions dishonest by the standards of ordinary people.
The word dishonesty is not defined in the Theft Act.

Question 7

Cases - APPROPRIATION

Answer 7

No need to touch or handle anything - R v McPherson
Selling it - Pitman and Hehl
Swapping labels - R v Morris
No appropriation no theft - Eddy v Niman
If owner consents to appropriation there is no theft UNLESS consent is obtained via deception - R v Gomez
If there is deception and something is given as a gift there will be deception - R v Hinks

Question 7

Define Intention to permanently deprive

Answer 7

This means D intends for the owner to never get the property back, either at all, or in its original form.
This Includes:
Treating the thing as your own to dispose of regardless of the other rights
Borrowing and returning in a less valuable way

Question 8

AR of Robbery

Answer 8

Theft
Force

Question 9

MR of Robbery

Answer 9

Mens rea of theft needed
Intention to use force

Question 10

Define theft (for robbery)

Answer 10

Theft must be complete - R v Robinson
R v Waters - no robbery as no intention to permanently deprive
Theft is complete on appropriation - Corcoran v Anderton

Question 11

Define force (for robbery)

Answer 11

D must use force or fear of force
R v Dawson & James - nudge was enough
B & R v DPP - does not matter if V is not scared as long as they apprehend that force might be used
Can be force used against property
R v Clouden - Enough
P v DPP - snatching cigar not enough
Immediately before or at time of doing so - can include appropriation as a continuing at- R v Hale
Force can be against any person - Smith v Desmond

Question 12

Expand MR of robbery

Answer 12

Dishonesty and intention to permanently deprive
Also D must have intention to use force - if force is accidently used then no robbery - R v Forrester

Question 13

What are the two types of burglary

Answer 13

S.9 (1)(a) - Enter a building as a trespasser with intent to steal, Inflict GBH or do unlawful damage
S.9(1)(b) - Enter a building as a trespasser and commits theft, attempted theft, GBH or attempted GBH

Question 14

AR of Burglary

Answer 14

Enter
A building
As a trespasser

Question 15

MR of Burglary

Answer 15

Intention to trespass (both types of burglary)
S.9(1)(a) - Intention to commit an ulterior offence ON ENTRY . There is no need for this offence to have actually been committed. Conditional intent is enough - AD’s Ref (1 and 2 of 1979)
S.9(1)(b) - MR of the ulterior offence when it was committed is needed. Intention does not need to exist on entry

Question 16

Define entry (burglary)

Answer 16

Can include partial entry and is interpreted by the courts - R v Ryan

Question 17

Define a building (burglary)

Answer 17

Not defined but s.9(4) states that it includes inhabited vehicles and vessels
R v Coleman - Includes houseboats
R v Rodmell - Includes garden sheds
Does not include lorry trailer still on wheels
Includes parts of buildings where D only has permission to enter one part - R v Walkington

Question 18

Define a Trespasser (burglary)

Answer 18

Where D has entered without permission (either express or implied)
Prosecution must prove D knew or were subjectively reckless about it
R v Collins - no trespass if D has permission (even if its mistaken)
Where D goes beyond the permission they have been given this becomes trespass - R v Smith and Jones