Property Offences Flashcards
re: theft
what type of offence is this?
either-way
re: theft
what is the max sentence?
7 years in prison
re: theft
what is the AR?
appropriation of property belonging to another
re: theft
what is ‘appropriation’?
“Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner.”
In other words, any act that shows one person is treating the property as their own.
this is widely interpreted so easy for P to satisfy
re: theft
what has case law said about ‘appropriation’?
that whilst someone can appropriate the same property over and over, they only commit the act of theft once
re: theft
give some examples of ‘appropriations’
o Kathryn sells a book
o Laura eats a meal in a cafe
o Mo selects a birthday card from the local shop
o Narina grabs a £10 note from her classmate
o Otis pickpockets a wallet.
o Switching a price label on a piece of meat
o Property passing with consent of the owner but the shop manager hands over goods on receipt of a fraudulent cheque
o Receipt of a gift
These are appropriations because they are acts the owner is entitled to carry out. However, just because someone has appropriated property doesn’t mean they are guilty of theft, they must satisfy the other elements
re: theft
what is ‘property’?
“Money and all other property, real or personal, including things in action and other intangible property”
re: theft
what is a ‘thing in action’?
also called ‘chose in action’. This is the bundle of personal rights over property which can only be claimed or enforced by action, and not by taking physical possession i.e. money in a bank account, rights to a trust
re: theft
give an example of intangible property
a patent for a new drug, a thing in action is also intangible property
re: theft
when can land be stolen?
Land can only be stolen in limited circumstances:
o By a trustee in breach of trust
o By a person who is not in possession of the land if they appropriate anything forming part of the land by severing it or after it has been severed
o By a tenant who takes something fixed to the land that they are not supposed to
re: theft
give an example of theft of the land
- Jan leans over the fence and cuts down a tree. She may be guilty of theft as she has severed this from the land (she has severed it from the land)
- Jan takes a carrot from an allotment which is not hers (it has been severed from the land)
re: theft
what cannot be stolen?
- Electricity
- Confidential information
- Mushrooms, flowers, fruit or foliage growing on wild land (exceptions)
- Wild creatures (exceptions)
re: theft
give an example related to the theft of confidential information
a student read the exam questions ahead of the exam. He therefore wasn’t liable for theft. If he had removed the sheet of paper they were written on, he would have been.
re: theft
what is the exception to the position re ‘mushrooms, flowers, foliage, fruit’?
- Mushrooms, flowers, fruit or foliage growing on wild land cannot be stolen unless they intend to sell them
re: theft
what is the exception to wild creatures?
o If a wild animal has been tamed or kept in captivity, it can then be stolen
o If a wild animal has been reduced into possession i.e. someone snared a rabbit and someone else takes it
re: theft
what is the definition of ‘belonging to another’?
“Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest”
- this does not require the person to ‘lawfully’ have possession. This means if D has appropriated stolen property from someone else, they would still be liable for theft.
re: theft
what is the effect of ‘belonging to another’? give examples
- a person can steal property from themselves i.e. Tom’s car is in the garage and he takes it back without paying. The garage was in possession of the car, so Tom has stolen it from them.
- theft can be committed against someone who doesn’t own the property, but is just in possession of it i.e. Tom is holding Sam’s phone. Jan takes the phone. She has committed theft against Tom (in possession) and Sam (proprietary interest)
re: theft
what is the position regarding abandoned property?
If property has been genuinely abandoned, D cannot be guilty of theft. However, the courts are reluctant to treat property as abandoned
re: theft
give examples of theft in relation to abandoned property
- A jumper donation is left on the door stop of a charity. Taking a jumper is theft. It was held the owner hadn’t abandoned it as they intended to give it to charity.
- a man scuba dives and collects golf balls. Held to be theft as although the golfers abandoned them, they were still owned by the golf club.
- taking out of date food from supermarket.
re: theft
when can ‘belonging’ to another cause an issue? why is this the case?
The property must belong to another at the time of appropriation.
In most cases this will not be an issue. However, it may arise where the legal ownership of the property has passed before payment is required i.e. someone consumes a meal in a restaurant and leaves without paying the bill or refuels a car and drives off without making payment.
Ownership of food transfers once it becomes part of the body. Ownership of petrol transfers when it mixes with existing petrol in the tank.
Therefore, if someone doesn’t satisfy the MR until after they have transferred the property, the AR and MR will not coincide and there can be no theft.
re: theft
give an example in relation to petrol and when this will not amount to theft
Tom goes to the garage to put petrol in his car (the petrol belongs to the garage). He has intention to pay for it (no MR - no dishonesty).
Tom puts the petrol in his car (AR). It has now mixed with his petrol (ownership has transferred to Tom. The petrol no longer ‘belongs to another’).
Tom realises afterwards he doesn’t have the means to pay. He drives off (MR for theft).
However, the AR and MR do no coincide. When Tom had the requisite MR, the property belonged to him and not another, he could not commit theft.
re: theft
give an example in relation to petrol and when this will amount to theft
Tom goes to the garage to put petrol in his car (the petrol belongs to the garage). He has no intention to pay for it (MR).
Tom puts the petrol in his car (AR). Tom intended to dishonestly and permanently deprive the garage (MR), at the time he committed the AR. Therefore, he is liable for theft.
In these cases, P will need to prove that D had the MR at the time of the offence.
re: theft
in relation to ‘belonging to another’, will there be a theft if V has given them the property?
give an example
subject to the other elements being satisfied, if D has received property from another and is under an obligation to deal with the property in a certain way, the property will be regarded as belonging to another (i.e. the original owner)
i.e. money is paid to someone on the basis they will pay it to a charity.
The recipient must be under an obligation to deal with the money in a certain way. Obligation is the key.
re: theft
what is the MR?
dishonesty with an intention to permanently deprive
re: theft
what approach should be taken to establish dishonesty?
1) Is there clear dishonesty?
a. Yes this issue is settled.
b. No look at the guidance in s2 TA 1986.
2) S2 TA 1985 do the facts fit one of the examples given in the act there are not dishonest or may be dishonest?
a. Yes issue is settled.
b. No consider Ivey v Genting test.
3) Ivey test what was D’s actual knowledge or belief as to the facts (subjective), in light of this, was their conduct honest or dishonest by (objective) standards of ordinary, decent people?
re: theft
what are the situations set out in s2 TA 1986?
Not dishonest:
o He has the right in law to the property
o The owner would have consented had they known the circumstances
o The owner cannot be discovered by taking reasonable steps (this is subjective - did D take reasonable steps?)
re: theft
under s2 TA 1986, what is not a barrier to a finding of dishonesty? Give an example
A person may be dishonest even if they were willing to pay for the property
i.e. Jan takes Amy’s ticket but leaves her money for it, it excess of what she paid. This is still theft.
re: theft
what is the burden in relation to the s2 TA 1986 examples?
D will need to raise these issues but then P will need to disprove these beyond all reasonable doubt
re: theft
re s2 TA 1986, give an example re ‘he has the right in law to the property’
Musa may argue that he does have the right in law to deprive Taiwo of the £10 because it was a debt owed to him.
re: theft
re s2 TA 1986, give an example re ‘the owner cannot be discovered by taking reasonable steps’
Ari picks up a £20 note that he finds on a busy high street pavement and decides to keep it. Realistically, he will not be able to find out who the owner is by taking reasonable steps.
In contrast, if Ari had found a purse with bank cards inside, he would have been able to trace the owner and, thus, would almost certainly be regarded as dishonest.
re: theft
what is the Ivey test?
the judge/jury must:
o ascertain D’s actual knowledge or belief as to the facts (subjective); and
o determine whether D’s conduct was honest or dishonest by the standards of ordinary, decent people (objective)
re: theft
what are the elements of the definition to ‘intentionally deprive’?
D will be treated as having intention to permanently deprive if:
o He treats the property as his own to dispose of regardless of the owner’s rights
o He borrows the property in circumstances equivalent to an outright taking
o He parts with the property under a condition to return it that they may not be able to perform
re: theft
in relation to intentionally deprive, explain ‘He treats the property as his own to dispose of’
D need not actually dispose of the property to satisfy this test. If they use the property and then return it this would be satisfied.
re: theft
in relation to intentionally deprive, explain ‘He borrows the property in circumstances equivalent to an outright taking’
give an example
If D borrows something and returns it in the same state there is no theft as the mens rea is not satisfied.
Tom takes a £5 note from his mum. He intends to replace it, but cannot replace the exact note he stole, therefore there is theft.
There are exceptions to this i.e. if it is returned after it has lost value
re: theft
explain ‘borrowing’
give an example
D was a projectionist and loaned a video to his friend to make illicit copies. The friend would be returning it in a few hours.
CoA held that borrowing does not constitute the intention to permanently deprive unless it could be said that all the ‘goodness and virtue had gone’. This was not the case here and so there was no theft.
re: robbery
what type of offence is this?
indictable-only
re: robbery
what is the AR?
the same as for theft:
appropriation of property belonging to another
re: robbery
what is the MR?
same as for theft:
dishonesty with an intention to permanently deprive
re: robbery
how is robbery proven?
- AR & MR for theft must be established
- Did D use force or threaten a person immediately before or at the time of the theft?
- Was this done in order to steal? (the threat/force must have been used to steal and for no other reason)
If yes - robbery.
re: robbery
what is the case law guidance regarding ‘D uses force or threatens’?
o There need not be violence
o The force need not be substantial
o D need not necessarily even touch the victim i.e. if the force used or threatened against is against property (i.e. stealing a bag)
o The threat can be against any person but V must be aware of the threat (i.e. it doesn’t need to be against the owner of the property) i.e. D tells V he will hurt her daughter if she does not give him the keys
re: burglary
what type of offence is this?
either-way
re: burglary
what is the max punishment?
10 years’ imprisonment / 14 years imprisonment for burglary of a dwelling
re: burglary
what are the offences?
o S9(1)(a) D enters a building as a trespasser with the intent to either steal, commit GBH or do any unlawful damage to the building or its contents (i.e. intent only, need not have actually committed the offence)
o S9(1)(b) D enters a building as a trespasser and actually steals or inflicts/attempts GBH i.e. they have actually committed the act, not just intent (NB: criminal damage not inc.)
re: burglary
what is the AR for s9(1)(a) & (b)?
- D must enter a building or part of a building as a trespasser
re: burglary
what is the case law guidance on ‘entry’?
did D make an ‘effective and substantial entry’ into the room?
re: burglary
what are examples of ‘entry’?
o Climbing through a window
o Breaking down a door and going inside
o Leaning through a shop window and searching the shelves but the lower half of the body stays outside the shop
o Head and arm inside the window
re: burglary
what ‘may’ be an example of entry?
o Inserts a wire hanger through a letter box and hooks the keys that are hanging near the door. This may be treated as an extension of D’s body
re: burglary
what is not an example of entry?
o Pushes his fingertips through the door of a house, which is slightly ajar.
re: burglary
explain the position where the burglar is invited in
whether they are guilt of burglary or not will depend at the point they entered the house and the point they were invited i.e. if they are outside the house and invited in, this isn’t burglary, but if they are already in the house (without permission i.e. as a trespasser), then they would be committing burglary
re: burglary
what are building for the purposes of this act?
structures of permanence i.e.:
o Houses
o Offices
o Warehouses
o Garden sheds
- these structures can be uninhabited and still be burgled
Also:
o Inhabited vehicles
o Inhabited vessels (i.e. houseboats)
- They need not be in the vehicle/vessel at the time of the burglary but someone must be generally living there
re: burglary
what are examples of things that are not structures?
o Tents
o Marquees
re: burglary
explain ‘part of a building’
i.e. when someone has authority to go into one part of the building, but not the other
i.e. a counter in a shop might count as a physical demarcation and so if crossed without permission, burglary is committed
this is for the jury to decide
re: burglary
when will D be a trespasser?
i.e. D is somewhere without consent or permission.
if D lies about permission to gain access, they are still a trespasser
if D enters a building with intention to steal, they will be a trespasser as they weren’t given authority to enter on the basis they would steal
D has permission to be in the house but is told to leave immediately, they must take the most direct route or they will be trespassing
re: burglary
what is the additional requirement for s9(1)(b)?
- D must also have committed the actus reus for theft, attempted theft, GBH or attempted GBH
re: burglary
what is the MR for s9(1)(a) & (b)?
Knowledge or Recklessness as to Being a Trespasser
+ s9(1)(a) > D must have the intention to commit theft, GBH or criminal damage (i.e. they need not actually do it, but must have the intention to)
+ s9(1)(b) > D must have the mens rea for either attempted/theft, attempted/GBH
re: burglary
explain the MR
- D must either know they are a trespasser or foresee a risk that they do not have permission to enter, without justification, to take that risk.
+ s9(1)(a) > D must have the mens rea on entry
+ s9(1)(b) > D can form the MR once inside
re: burglary
how could the MR be evidenced?
o A clear admission from D
o The fact the building was locked and D entered
o Signs excluding entry
o Roped off area
o Area separated by counter
re: aggravated burglary
what type of offence is this?
- Indictable offence
re: aggravated burglary
what is the max sentence?
- Max sentence life imprisonment
re: aggravated burglary
when will someone be guilty of burglary?
- The offence requires proof all elements of burglary for either s9(1)(a) or (1)(b) and D must be in possession of an offensive weapon at the time of the burglary
re: aggravated burglary
give examples of weapons
o Firearms i.e. air guns, air pistols, imitation firearms capable of being discharged or not
o A weapon of offence i.e. any article made or adapted for use for causing injury to or incapacitating a person. This would include the following, so long as it was for causing injury: machete, hammer, rope, broken bottle, handcuffs
o Explosives
re: aggravated burglary
what is an example of something that would not be a weapon?
- A fencing sword as it is made for sport and intended for such use
re: aggravated burglary
explain ‘at the time’
D must know they have the weapon with them and they must have it with them at the time of the offence
This will depend on whether s9(1)(a) or (b) has been committed:
o s9(1)(a) they must have the weapon at the time of entry
o s9(1)(b) they must have the weapon when they commit the ulterior offence (i.e. theft, GBH, attempted theft or attempted GBH)
