Property Offences Flashcards
What is the def of basic criminal damage?
Destroy or damage property belonging to another without lawful excuse with intention or recklessness as to the damage or destruction of property belonging to another.
max 10 years.
definition of destroy?
includes not only permanent or temporary physical harm but also permanent or temporary impairment of value or usefulness.
definition of property for basic criminal damage?
tangible nature, whether real or personal, including money and wild creatures which have been tamed or are in captivity but not including mushrooms growing wild on any land or flowers, fruit or foliage of a plant growing wild on any land
Def of belonging to another for basic criminal damage?
- custody or control of it.
- any proprietary right or interest.
- having a charge on it.
reckless criminal damage def?
- at the time of committing the AR, the accused was subjectively aware of the risk and
- in the circumstances known to the accused, it was objectively reasonable for the accused to take that risk
def of basis arson?
destroy or damage BY FIRE property belonging to another without lawful excuse and intention or recklessness as to the destruction or damage of property belonging to another BY FIRE.
what are the two legal excuse defences?
5(2)(a)- D believes that the owner would have consented to the damage.
5(2)(b)- operates where the D acts to protect their or another’s property.
Owner would have consented to the damage?
- mistaken belief due to voluntary intoxication is fine as it is whether the belief was reasonable where it resulted from the D’s intoxication.
- D’s motive is irrelevant.
D acts to protect property?
- D must act to protect property.
- D must believe the property was in immediate need of protection.
- D must believe the means of protection adopted are reasonable.
- Damage caused by the D must be capable (objective) of protecting the property.
def of aggravated criminal damage?
‘A person who without lawful excuse destroys of damages any property, whether belonging to himself or another—
(a) intending to destroy or damage any property or being reckless as whether any property would be destroyed or damaged; and
(b) intending by the destruction or damage to endanger life of another or being reckless as to whether the life of another would be thereby endangered;
shall be guilty of an offence.’
(AGGRAVATED arson is the same just BY FIRE)
AGGRAVATED criminal damage factors?
- can commit it to their own property.
- lawful excuse defences to not apply.
- irrelevant if the life of another was actually endangered.
- danger to life must arise from the damaged property.
definition of theft?
a person is guilty of theft if he dishonestly appropriates property belonging to another with intention of permanently depriving the other of it (s1(1) Theft Act 1968)
what is appropriation?
any assumption by a person of the rights of an owner amounts to an appropriation.
- can happen with consent of owner.
- s3(1) allows for appropriation to happen at the time of the theft or later assumption of a right to keep it.
- can steal a valid gift.
can land be stolen?
no unless:
- D is authorised to sell land and sells more than they are meant to.
- D is a trespasser or invited guest and severs the land and takes it.
- D is a tenant and removes or sells without removing.
can wild plants be stolen?
NO unless the purpose is to get a reward, to seller or for another commercial purpose.
property for theft?
- money.
- real property.
- personal property.
- intangible property such as shares, trademarks, copyright etc.
- unlawful or illegal items such as Class A drugs.
belonging to another definition- theft?
possession or control of it, or having any proprietary right or interest.
when is property abandoned for theft?
- court do not readily find property has been abandoned.
- householders do not abandon goods that are put in their domestic waste.
- property is not abandoned just because the owner has stopped looking for it.
property obtained by mistake and theft?
can restore it (restoration) and then will not liable for stealing propery belonging to another.
three scenarios where a D will not be dishonest in theft?
s2(1)(a)- D has a right in law to deprive the other of the property.
s2(1)(b)- D would have the others consent if the person knew or
s2(1)(c)- the person to whom the property belongs cannot be discovered by taking reasonable steps.
common law test for dishonesty?
- what was the D’s knowledge and belief as to the facts?
- given that knowledge and those beliefs, was the D dishonest by the standards of ordinary decent people.
must be formed at the time when the goods belong to another.
how to define intention to permanently deprive?
if the D’s intention is to treat the thing as his own to dispose of regardless of the other’s rights.
- more than just dealing with.
- to treat with it in a manner that risks its loss.
can borrowing be an intention to permanently deprive?
borrowing or lending for a period and in all circumstances making it equivalent to an outright taking or disposal.
WAS THE INTENTION TO REUTRN IT MINUS ALL ITS GOODNESS, VIRTUE AND PRACTICAL VALUE?
Interchangeable property can still amount to intention to permanently deprive.
what is the definition of robbery?
AR- AR of theft, uses or threatens force on any person immediately before or at the time of stealing. (can seek to threaten force too)
MR- of theft, intention to use force in order to steal.
IF NO THEFT THERE IS NO ROBBERY.
can have intention for the person to think they will be subjected to force.
jury decides on the word force.
