Property offences Flashcards
Definition of theft
Dishonest appropriation of property belonging to another with intention of permanently depriving the other of it
When is property belonging to another?
If any person has:
- possession,
- control, or
- any proprietary right/interest in it
What are the 3 situations in which there’s no dishonesty?
D believes:
- he had a right in law to the property
- owner would’ve consented if he knew of the circumstances
- owner can’t be discovered by taking reasonable steps
What is the Ivey test for dishonesty?
Ascertain the actual state of D’s belief as to the facts, and
determine whether D’s conduct was honest by the standard of ordinary, decent people
Definition of robbery
If D steals, and immediately before or at the time of doing so, and in order to do so, uses force on any person or puts/seeks to put any person in fear of being then and there subjected to force
4 components of robbery
- AR + MR of theft
- Uses/threatens force
- immediately before/at the time of robbery
- with motivation to steal
What are the 2 types of burglary? (+ what sections of the TA are they)
s.9(1)(a): person enters building as trespasser intending to commit theft, inflict GBH or criminal damage
s.9(1)(b): person enters building as trespasser and commits theft or inflicts GBH, or attempts either
When is a vessel/vehicle a “building” for the purpose of burglary?
If it’s inhabited
What is the definition of aggravated burglary?
Burglary, where at the time D has any firearm/imitation firearm, weapon of offence, or explosive
What is a “weapon of offence”?
Any item made/adapted to injure OR incapacitate, or intended for it
Which 3 types of weapons are sufficient for aggravated burglary?
- any firearm (including imitation)
- weapon of offence
- explosive
In aggravated burglary, when must D have the weapon (for each type of burglary)?
s.9(1)(a) burglary: when he enters
s.9(1)(b) burglary: when he commits the theft/GBH, or attempts it
