Property Offences Flashcards
What is Theft?
Dishonestly appropriating property belonging to another with intention to permanently deprive them of it.
What is the Actus Reus of theft?
- Taking
- Using
- Assuming ownership of something belonging to another
What is the Mens Rea of theft?
- Dishonesty
- Intent to permanently deprive
Give one Theft case study:
R v Dawson (1976):
- one D nudged another to steal the victim’s wallet
- nudging was not enough force to be robbery, so charged with theft
What is Robbery?
S8. - stealing and using force before or at the time of stealing, to put someone in fear of being subjected to force
What is the Actus Reus for robbery?
All elements of theft must be present
What is the Mens Rea for robbery?
Dishonesty and intention of theft, and intention or recklessness in use of force
Give one case study for Robbery:
R v Robinson (1977):
- D was owed £7 by V, demanded the money and threatened V. V dropped £5 and D took it.
- D believed he had the right to the money so was not charged.
What is Burglary?
S9. (1)(a) - entering a building or part of a building as a trespasser with intention to steal, inflict bodily harm or do unlawful damage.
(1)(b) - trespassing and stealing or attempting to steal or inflict or attempt to inflict greivous bodily harm.
Give one case study for Burglary:
R v Hasan (2005)
- D was involved with an aggressive drug dealer, who convinced him to commit burglary.
- Duress was not a defence as being convinced to do something isn’t duress.
What is Trespass?
Entering a building or part of a building without permission from the owner.
What is included in PACE?
- Stop and Search
- Arrest
- Detention
- Investigation
- Identification
- Interviewing Detainees
What happens if PACE is breached?
Evidence obtained unethically by the police can be deemed inadmissable.
What is Arson?
Destroying or damaging property by fire
