Property offences Flashcards
What are the ulterior offences for s9(1)(a) burglary?
It must be proved that upon entry D intended to commit one of the ulterior offences:
- intend to steal
- intend to inflict GBH
- intend to commit criminal damage (unlawfully damage the building/anything in the building)
When does a s9(1)(a) burglary take place?
Upon entry with intention to commit the ulterior offence
It is immaterial whether D actually commits one of the offences (of theft/GBH/criminal damage)
Is there a need for D to commit the ulterior offence under s9(1)(a)?
No, there is no need for the defendant to actually commit the ulterior offence
What are the ulterior offences for s9(1)(b) burglary?
D must do one of the following
- steal
- attempt to steal
- inflict GBH
- attempt to inflict GBH
What is the ulterior offence available for s9(1)(a) which is not applicable for s9(1)(b)?
Intention to unlawfully damage the building or anything in the building (this does not apply for s9(1)(b))
Criminal Damage
When is a s9(1)(b) burglary committed?
At the time of the commission or attempted commission of the offence
To establish a s9(1)(b) burglary, what must the defendant do?
Once inside, the defendant must actually commit/attempt to commit:
- theft / attempted theft
- infliction of GBH / attempted infliction of GBH
For which type of burglary can the offence of criminal damage be made up?
The offence of criminal damage can make up a s9(1)(a) burglary, NOT a s9(1)(b)
How is a weapon of offence defined for s10 aggravated burglary?
a) firearm - anything which has appearance of being a firearm, whether capable of being discharged or not
b) any article made or adopted for use for causing injury to or incapacitating a person, or intended by D for such use
c) explosive
Does there need to be an intention to use the firearm or explosive for it to be a weapon of offence?
No - D does not have to intend to use the firearm or explosive
What is the maximum sentence of burglary?
14 years where the building or part was a dwelling; 10 years in any other case
What is the max sentence of aggravated burglary?
Life imprisonment
What amounts to a weapon of offence of s10(1)(b)?
Any article made or adapted for causing injury to or incapacitating a person; or
Which at the time of committing the burglary the defendant possesses with the intention of causing injury to or incapacitating
Does the intended use need to be for the particular burglary?
No
R v Stones - the defendant claimed it was for self-defence
When must D have the article with them for a s9(1)(a) burglary?
When they commit the relevant burglary: at the point of entry. D must have the article when entering the building
When must D have the article with them for a s9(1)(b)?
On commission or attempted commission of theft or GBH
What is NOT considered as property for the purposes of Theft?
Property is not:
- land (but buildings are)
- wild mushrooms or plants picked (unless for a commercial purpose)
- a wild animal that is not domesticated or in a zoo
- confidential information (e.g., company secrets)
What does the definition of property include for purposes of theft?
Anything tangible or intangible: money, buildings, personal property, IP rights or credit in a bank account
What are the 3 circumstances in which D cannot be dishonest for the purposes of the MR of theft?
D is not dishonest if they have a genuine and honest belief:
- that D has a right in law to deprive the owner of property
- D believes the owner consented or would have consented
- D believes the owner cannot be found by taking reasonable steps
Can the defendant have a mistaken belief and still not be dishonest?
Yes, as long as D has a genuine and honest belief in any of the 3 situations, it does not matter if D is mistaken or the belief is silly
What is intention to permanently deprive (MR for theft)
D is considered to have intended to have permanently deprive another of their property if he intends to treat the property as his own and deal with it as he sees fit, regardless of the other’s rights in the property
What is the difference in timing for a s9(1)(b) offence?
Compared to s9(1)(a)
D has entered the building and THEN attempt to or actually does steal/inflict GBH
D has entered the building, whereas s9(1)(a) is at the time of entry
When must D have the weapon of offence?
At the time of committing s9(1)(a) or (b)
For a weapon of offence or explosive, this includes if D had a weapon which at the time of stealing (for example) they intended to use to harm someone or to explode
Does the item have to be a weapon?
No, even if the item is not actually a weapon, if, at the time of committing the offence, D has something they intend to be a weapon or explosive, this counts
