Property Offences Flashcards
What are the 5 elements of theft
S.2 - dishonesty
S.3 - appropriation
S.4 - property
S.5 - belonging to another
S.6 - intention to permanently deprive
What is the definition of theft
S.1 of the theft act 1968 states theft is to dishonestly appropriate property belonging to another with the intention to permanently deprive the other of it
Appropriation
Any assumption by a person of the rights of an owner amounts to appropriation
R v morris
Lawrence v MPC
Appropriation can occur with the consent of the owner
R v Hinks
A person can appropriate even if they are given the property as a valid gift
Property
An tangible or intangible item
What is not classed as property
Wild berries
Electricity
Confidential information - oxford v moss
Belonging to another
The owner of the property normally had possession or control over it
R v turner
R v woodman
What happens if a person is given something by mistake
S5(4) - where a person is given something by mistake and is under an obligation to return it, keeping it may constitute theft
AG ref 1983
In what circumstances will a person not be dishonest
S2(1)(a) - a genuine belief they had a legal right to the property
S2(1)(b) - the owner would have consented
S2(1)(c) - the owner cannot be discovered by taking reasonable steps
How to test for dishonesty
Ivey v Genting reaffirmed in barton and booth
A) what was the D’s actual state of knowledge or belief to the facts
B) was his conduct dishonest by the standard of ordinary decent people
Intention to permanently deprive
To take forever or for a period of time equivalent to outright taking
Velumyl
Define robbery
S.8 of the theft act 1968 states a person will be guilty of robbery if he steals and immediately before or at the time of doing so he uses force on any person in order to do so
What are the elements of robbery
Steals
Immediately or at the time of the theft
Uses force/ threat of force
In order to steal
D must steal
There must be a complete theft
Timing of force
Immediately before or at the time of the theft - hale
Theft can be an ongoing/ continuing act - lockely
Use of force
The force must be on a person
Dawson v james
In order to steal
Force used for any other purpose will not result in a robbery conviction
There doesn’t have to be an actual application of force, threat is enough and V doesnt have to actually be frightened - Bentham
The mens rea for robbery
Intention to steal - ivey
Intention or recklessness as to force - Robinson
S9(1)(a) burglary definition
He enters any building or part of any building as a trespasser and with the intention to steal, inflict gbh or do unlawful damage
S9(1)(b) burglary definition
Having entered an building or part of any building as a trespasser he steals anything or inflicts or attempts to inflict gbh
Entry
The Ds entry must be sufficient for it to be noticeable or effective
Brown (1985)
Ryan (1996)
Building or part of building
Includes sheds or inhabited vehicles or vessels
As a trespasser
If a person does not have permission to enter or exceeds their permission they will be a trespasser
They must either know they are a trespasser or be reckless as to whether he is - smith v jones
Mens rea for burglary
S9(1)(a) - intention to steal, inflict gbh or cause unlawful damage at the point of entry
S9(1)(b) - intention to steal/ attempt to steal or intention to cause/ attempt to cause gbh having entered the building
