Property Offences Flashcards
What is the maximum sentence for theft under the Theft Act 1968?
The maximum sentence for theft is 7 years imprisonment
What is criminal damage under the Criminal Damage Act 1971?
A person is guilty if they intentionally destroy or damage property belonging to another, or are reckless as to whether damage will occur, without lawful excuse
What are the Actus Reus and Mens Rea for criminal damage?
- AR: Destruction or damage of property belonging to another
- MR: Intention to damage or recklessness
What is meant by “property” under criminal damage?
Property can be tangible (e.g., car) or intangible (e.g., patents)
What constitutes “damage” in criminal damage?
Damage includes both physical destruction and substantial harm affecting the property’s value or usefulness
What does “without lawful excuse” mean in criminal damage?
Legal justifications such as consent or necessity can act as a defence
What are the AR and MR elements of theft under the Theft Act 1968?
- AR: Appropriation of property belonging to another
- MR: Dishonesty and intention to permanently deprive
What are the exceptions to “property” under the Theft Act 1968?
Trustees can steal land; tenants can steal fixtures; wild creatures can only be stolen if in captivity
What is Burglary A - Trespassing with Intent?
Burglary A is entering a building as a trespasser with intent to commit theft, GBH, or criminal damag
What is Burglary B - Trespassing and Committing a Further Offence?
Burglary B involves trespassing and committing an offence such as theft or GBH during the trespass
What is robbery under the Theft Act 1968?
Robbery involves stealing property and using force or putting someone in fear of force immediately before or during the theft
What is the Actus Reus and Mens Rea of robbery?
- The AR includes theft, use of force, or putting someone in fear of force immediately before or during the theft
- The MR involves the mental state for theft (intent to steal) and the intentional use of force to steal
Can a person steal their own property?
Yes, under the Theft Act 1968, a person can steal their own property if it is in the possession or control of another, such as in Turner (No 2) [1971]
What is the rule about abandoned property?
Property is rarely considered abandoned if there are security measures in place to protect it, as shown in Hibbert v McKiernan [1948]
What does “belonging to another” mean in theft?
Property belongs to another if the person has possession or control or a proprietary right or interest in it, as illustrated in R v Turner (No 2) [1971]
What is appropriation by omission?
Appropriation by omission occurs when property is taken and not returned, such as keeping a borrowed book permanently
Can an illegal property be stolen under the Theft Act 1968?
Yes, even illegal property, such as drugs, can be stolen under the Theft Act 1968, as confirmed in Smith, Plummer, and Haines [2011]
