property offences Flashcards
what is the AR and MR of robbery?
AR of theft
force
on any person
use or threat of force immediately before or at the time of stealing
MR:
MR of theft
intend to use force in order to steal
what are the 3 ways that force or threat of force for robbery can be satisfied? if the D…
uses force; or
puts a person in fear of being subjected to force; or
seeks to put a person in fear of being subjected to force
does force require violence for robbery?
no
if a V doesnt realise they are being threatened by force - can a D be liable for robbery and satisfy this element? (along with the other elements needed)
yes, can be liable even if V isn’t aware that they are being threatened by force
just that D seeks to put V in fear
what are the two types of burglary?
s9(1)(a) and s9(1)(b)
what burglary doesnt require the D to actually commit an ulterior offence?
s9(1)(a)
what burglary offence requires you to actually commit an ulterior offence?
s9(1)(B)
when does burglary occur for s9(1)(a)?
as soon as D enters
when does burglary occur for s9(1)(B)?
at the point the ulterior offence is committed
what does entry mean for burglary?
partial entry is sufficient
eg, head and one arm stuck through window is sufficient for entry for burglary
how can a person enter part of a building as a trespasser?
either without consent or
in excess of authority (at times the D can still be a trespasser even if given consent to enter)
can a D be guilty of burglary if they do not intend to trespass?
yes, can be guilty of trespass as can be reckless
do you need to intend an ulterior offence for a s9(1)(a)?
yes - need to intend the offences
either to:
steal
inflict GHB
unlawfully damage property
is the offence and mens rea required in relation to infliction of GBH for s9(1)(b) burglary offence?
no - r v Jenkins - states no offence and thus no MR at all is required in relation to the infliction of GBH
no MR needed for inflicting GBH, just need to inflict it
what offence can make up a s9(1)(a) burglary but not a s9(1)(b) burglary?
criminal damage
what makes a burglary aggravated?
D must have with them:
firearms or imitation of firearms
weapon of offence
explosives
what does a weapon of offence mean for aggravated burglary?
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
when must D have the article with them for aggravated burglary?
at the time they commit the relevant burglary
eg, s9(1)(a) when enter
s9(1)(b) on commission or attempted commission of theft or GBH
what is the actus reus and mens rea of bass criminal damage?
AR:
- destroy or damage
- property
- belonging to anther
- without lawful excuse
MR:
- intention; or recklessness as to the destruction or damage of property belonging to another
what is the AR and MR of basic arson?
AR:
- destroy or damage by fire
- property
- belonging to another
- without lawful excuse
MR
intention or recklessness as to the destruction or damage of property belonging to another by fire
what are lawful excuses and therefore, negate when a person has committed basic criminal damage/arson?
- where D believes owner of property would have consented to damage; and
- operates where D acts to protect their or another’s property
does the D’s belief need to be reasonable as to belief owner would have consented to damage (lawful excuse)?
no, D’s belief need not be reasonable. it is only necessary for it to be honestly held
is mistaken belief due to voluntary intoxication allowed as a lawful excuse?
yes - the test for belief is subjective and therefore, it doesnt matter if this is held via voluntary intoxication
can a D’s motive be taken into account (when considering lawful excuse for criminal damage?)
no it cannot as criminal damage is not an offence of dishonesty (even if the motive is to perpetrate a fraud)
what are the 4 requirements that need to be considered for the defence of when D acts to protect property?
- D must act to protect property
- D must believe that property was in immediate need of protection (subjective)
- D must believe that means of protection adopted are reasonable (subjective)
- damage caused by D must (objectively) be capable of protecting the property
what is the AR and MR for aggravated criminal damage?
AR:
- destroy or damage (by fire)
- property
MR:
- intention or recklessness 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)
can a person commit aggravated criminal damage to own property?
yes they can
does the lawful excuse of owner would have consented and protection of property apply to aggravated criminal damage?
no they dont apply but can have a lawful excuse defence under any of the general defences to criminal offences
does it matter if the life of another was actually endangered to satisfy aggravated criminal damage?
No it doesnt matter
