Property Offences Flashcards
What are the key elements for theft?
Dishonest appropriation of property which belongs to another with an intention to permanently deprive.
What constitutes appropriation for the purposes of theft?
Any assumption of the rights as an owner.
Includes where D comes across the property but later keeps it.
What property CANNOT be stolen by theft?
Electricity
Confidential information
Mushrooms, flowers, fruit, foliage (unless they intend to sell them)
Wild creatures (excluding those in captivity)
What circumstances can arise which would result in a person NOT being dishonest in respect of theft?
Where the person had a belief in the legal right of the property
Where the owner would have consented if they had known the circumstances.
The owner cannot be discovered by taking reasonable steps.
What does an intention to permanently deprive mean in respect of theft?
Making the owner permanently lose the item (including where something has been used)
Parting with an item under a condition as to its return.
What elements are required for robbery?
Theft was committed.
Force was threatened.
The threat was made immediately before or at the time of the robbery.
The threat was made in order to steal.
What are the key elements for burglary?
(a) Where a person enters a building or part of a building as a trespasser with an intent to commit an offence of theft, inflicting GBH or criminal damage.
OR
(b) Where, having entered the building as a trespasser, they steal or attempt to steal OR inflicts/attempts to inflict on any person any GBH.
What constitutes a building in respect of burglary?
Must have a degree of permanence (homes, offices, garden sheds).
Includes student accommodation, employee only sections, behind the counter on the till.
When is the individual considered a trespasser for burglary?
D must know they are a trespasser or foresee they do not have permission but still go on to take the risk.
They must have intent on entry.
What are the elements required for aggravated burglary?
Where a person commits burglary but at the time has:
A firearm or imitation firearm
Any weapon of offence
Explosives
They must have the weapon at the time of entry for part (a) (intent to commit) OR when the ulterior offence is committed for part (b).
