Property Offences

Question 1

Theft

Answer 1

A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.

Question 2

Appropriation

Answer 2

Any assumption of the rights of an owner.
Appropriation includes
1. A shopper switching a price label.
2. Property passing with the consent of the owner.
3. The receipt of a gift.

Question 3

When can land be stolen?

Answer 3

1. By a trustee in breach of trust.
2. By a person who is it in possession of the land, if they appropriate anything forming part of the land either by severing it or after it has been severed e.g. taking someone’s vegetables from their garden.
3. By a tenant who takes something fixed to the land that they are not suppose to take e.g. kitchen shelves.

Question 4

What cannot be stolen?

Answer 4

(A) electricity and confidential information.
(B) mushrooms, flowers, fruit or foliage growing wild on land - will not be theft unless you intend to sale them.
(C) wild creatures.

Question 5

Can you steal your own property?

Answer 5

Yes - (r v turner) taking your own car from the garage without paying for it.

No - filling your car up with petrol and leaving without paying - does not amount to theft because ownership in property has passed.

Question 6

What test is used to determine dishonesty?

Answer 6

Ivey test
(A) ascertain subjectively the actual state of the defendants knowledge or belief as to the facts.
(B) determine whether their conduct was honest or dishonest by the objective standards of ordinary decent people.

Defendant who intends to return the property to its owner, after it has been used, will have an intention to permanently deprive.

Question 7

Robbery

Answer 7

Person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.

Question 8

What are the 4 elements of robbery?

Answer 8

1. Actus reus and mens rea of theft.
2. Defendant uses or threatens force.
3. This occurs immediately before or at the time of the robbery.
4. Motivation is in order to steal.

Question 9

Why is robbery sometimes referred to as aggravated theft?

Answer 9

Threat of force is involved.

Have to prove all elements of theft before robbery is considered.

Can still be guilty of robbery despite not touching the victim, the force can be directed at property e.g. a bag.

Question 10

How is a person guilty of burglary?

Answer 10

1. He enters any building or part of a building as a trespasser and with intent to commit any such offence.
2. Having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or part of it or inflicts or attempts to inflict GBH.
3. Doing unlawful damage to the building.

Question 11

What constitutes as a building?

Answer 11

Houses, offices, warehouses, garden sheds, inhabited vehicles, houseboats.

Irrelevant as to whether someone is living there or occupying the property.

Question 12

What constitutes as a part of a building?

Answer 12

Includes a defendant who enters a building lawfully but who then moves to another part where they do not have authority to go e.g. behind a counter in a shop.

Question 13

Aggravated burglary

Answer 13

If he commits any burglary and at the time has with him any firearm or imitation firearm, any weapon of offence or any explosive.

Question 14

What is the difference between S9(1)(a) and S9(1)(b) offence for burglary?

Answer 14

S9(1)(a) committed when the defendant enters the building with the intent to steal, GBH, criminal damage.

S9(1)(b) committed when the defendant once inside the building steals or attempts to or cause GBH or attempts to.