Property offences Flashcards
What is the actus reus of criminal damage?
Destroy or damage-following D’s actions, the property ceases to exist.
Property-tangible nature.
Belonging to another-someone else must have custody/control of it.
What is the mens rea of criminal damage?
Intention or recklessness as to the destruction or damage of property belonging to another.
What is the actus reus of basic arson?
Destroys or damage by fire
Property
Belonging to another
Without lawful excuse
What is the mens rea of basic arson?
Intention or recklessness as to the destruction or damage of property belonging to another by fire.
What are the two lawful excuse defences to criminal damages?
-D believes the owner would have consented
-D acts to protect their or another’s property
Outline the defence to criminal damage that the ‘D believes the owner would have consented’.
Provided that the D honestly believes that the owner of the property has or would have consented to the damage to property, the D’s motive for causing the damage is irrelevant.
What are the four requirements of the defence to criminal damage that the ‘D acts to protect their or another’s property’?
- D must act to protect property
- D must believe that property was in immediate need of protection
- D must believe that the means of protection adopted are reasonable
- The damage caused by the D must be capable of protecting the property
What is the actus reus of aggravated criminal damage?
Destroy or damage (by fire as well)
Property (which can belong to the D or another)
What is the mens rea of aggravated criminal damage?
Intention or recklessness as to the destruction or damage of property (by fire).
Intention or recklessness as to the endangerment of life by the damage or destruction (by fire).
Do the lawful excuse defences apply to aggravated criminal damage?
No, these do not apply but general defences do apply.
What is the definition of theft as set out in S1(1) Theft Act 1968?
A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.
What is the actus reus of theft?
Appropriation of property belonging to another.
What is appropriation?
Any assumption by a person of the rights of an owner amounts to an appropriation.
What is property?
Property includes money and all other property, real or personal, including things in action and other intangible property.
When will property be regarded as 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.
What is the mens rea of theft?
The mens rea of theft is dishonesty and an intention to permanently deprive.
Dishonesty is not defined in the act, it is for a jury to decide whether an appropriation is dishonest.
What is the test for dishonesty as per Ivey v Genting Casinos (2017)?
(i) What was the D’s knowledge and belief as to the facts?
(ii) Given that knowledge and those beliefs, was the D dishonest by the standards of ordinary decent people?
What is the definition of robbery as set out in S8 Theft Act 1968?
A 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.
Robbery is an aggravated form of theft.
What is the actus reus of robbery?
Theft
Force or threat of force
On any person
Use or threat of force immediately before or at the time of stealing
What are the three ways in which the ‘force or threat of force’ of robbery can be satisfied?
Uses force;
Puts a person in fear of being then and there subject to force; or
Seeks to put a person in fear of being then and there subjected to force
What is the mens rea of robbery?
The D must:
-act with the mens rea of theft; and
-intend to use force in order to steal
What principle did the case of R v Vinall (2012) establish in relation to robbery?
Where an intention to steal is formed at a later point in time than force is used, there would not have been a theft at the time the force was used and therefore no conviction for robbery.
What are the two types of burglary under S9 Theft Act 1968?
S9(1)(a): committed at the point of entry into the building as a trespasser and the D must know or be reckless as to entry as a trespasser and intend to commit one of the offences set out in s9(2): theft, GBH or criminal damage.
S9(1)(b) burglary: Committed when, having entered the building as a trespasser, knowing or being reckless as to entry as a trespasser, the D goes on to commit theft/attempted theft or GBH/attempted GBH.
What is the actus reus for S9(1)(a) burglary?
Enters-partial presence is sufficient.
Building or part of a building-must be a structure of considerable size and intended to be permanent or at least endure for a considerable time.
Trespasser-either without consent or in excess of authority.
What is the mens rea for S9(1)(a) burglary?
Enters knowing or being reckless that the entry was a trespass
Intending to commit one of the ulterior offences contained in S9(2) Theft Act 1968 at the time of entry-theft, GBH or criminal damage.
What must be proven to secure a conviction for S9(1)(b) burglary?
-The burglary is committed at the time of the commission or attempted commission of the offence
-The burglary occurs once the D is inside the building or part of the building
-Entered knowing or being reckless that the entry was a trespass
-Must commit/attempt to commit theft or inflict/attempt to inflict GBH-once inside, the D must actually commit one or more of the following offences:
-theft/attempted theft
-infliction of GBH/attempted infliction of GBH
What is required for aggravated burglary to apply under S10 Theft Act 1968?
The D must have with them at the time of the burglary, one of the articles set out in s10(1)(a-c):
-firearm or imitation firearms
-a weapon of offence which means any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him for such use
-explosives
