Property Offences Flashcards
In overview only, what are the 3 elements of the actus reus of theft?
- 1) Appropriation
- 2) Of property
- 3) Belonging to another
What is the meaning of ‘appropriation’ for the AR of theft?
Any assumption of an owner’s right
- Doesn’t matter if you do or don’t have their permission, so easily established
- Satisfied when D assumes owner’s rights later, after acquiring it - Borrowing a book, then later deciding to keep it permanently
What counts as ‘property’ for the AR of theft?
Includes money and things in action
A bank account is a ‘thing in action,’ rather than money
Land can only be stolen in specific circumstances:
- By trustee in breach of trust
- Severing something from someone else’s land or taking it after it has been severed (picking up carrots that have been dug up)
- By a tenant who takes something fixed to the land that they are not supposed to take
What does not count as ‘property’ for the AR of theft?
Electricity and reading confidential information do not fall within the definition
Mushrooms, flowers, fruit or foliage growing wild on land
- Not theft if they take without intending to sell
Wild creatures, except where tamed or kept in captivity
What is meant by ‘belonging to another’ for the AR of theft?
Another person has possession, control, or any proprietary right or interest in property
- Abandoned property – rare for property to be genuinely abandoned
- Can steal your own property because another may have possession of it, whilst you have an interest in it (car being worked on at a garage for example)
- If a person is given money for a particular purpose and they are under an obligation to use it for this reason, it is treated as belonging to another still
In overview only, what are the 2 mens rea elements of theft?
1) Dishonesty
2) Intention to permanently deprive
What is meant by ‘dishonesty’ for the MR of theft?
Not regarded as dishonest in 3 situations:
- Right in law to the property
- Owner would have consented if they knew the circumstances
- Owner cannot be discovered by taking reasonable steps
The focus is on D’s belief
- What was D’s knowledge or belief as to the facts of the case? (subjective)
- Was D’s conduct dishonest by the standards of ordinary, decent people? (objective)
Having an intention to pay for something does not stop it being a dishonest appropriation
What is meant by ‘intention to permanently deprive’ for the MR of theft?
Given its ordinary meaning unless one of more provisions of s6 apply
Treat the property as your own
- Intending to return the property after using it yourself will satisfy the definition
Borrowing may satisfy if ‘all the goodness and virtue’ is diminished
- If the item has lost value (using and returning a concert ticket)
What are some points to note about the coincidence of AR + MR for theft?
It is important that all five elements coincide in time
However:
- If you come across property without stealing it, but later assume the rights of an owner, this will satisfy the appropriation element
- Property can only be stolen once
- Problems with food, drink and petrol – appropriated once eaten, put in car
What classification of offence is robbery?
Indictable only offence
What elements are needed for an offence of robbery?
Need to prove the AR + MR of theft
- Needs to be an appropriation of property belonging to another, dishonesty and an intention to permanently deprive
In addition, for a robbery charge, it must be shown that:
(a) There was force used or threatened
- V doesn’t need to be injured – slight pushing would suffice or grabbing their bag (touching property)
- Can threaten one person to take property from another
(b) This force was used or threatened immediately before or at the time of the theft
- Cannot have a fight and steal after for robbery
(c) It was used or threatened to steal
- Not for another purpose
What is a brief checklist for the elements of robbery?
- Was there a theft (all five elements)?
- If so, was force used/threatened?
- If so, when and why?
There are 2 distinct burglary offences under s9(1) Theft Act.
What is the AR of the s9(1)(a) offence (burglary with intent)?
AR - entry (effective) as a trespasser into a building or part of a building
- Leaning through a window to steal would be entry
- A building is not a temporary structure like a tent
- A counter of a store counted as a part of a building
- Exceeding permission to be there makes D a trespasser (ie entering with an intention to steal would make you a trespasser)
What is the MR of the s9(1)(a) offence?
1) D must have known or was reckless as to trespass
- Must have MR at time of entry
2) And they intended to commit theft, to inflict GBH, or to cause criminal damage (within the building or the part)
- One of the three intended offences is needed
- They don’t have to succeed in carrying them out
- Causing damage to get in isn’t enough
What is the AR of the s9(1)(b) burglary offence?
1) Entry (effective) as a trespasser into a building or part of a building - Same as for s9(1)(a)
AND
2) D committed the AR of
* Theft, or
* Infliction of GBH, or
* Attempted theft, or
* Attempted GBH
One of these four ARs must be established
What is the MR of the s9(1)(b) burglary offence?
1) D must have known or was reckless as to trespass
- Must have MR at time of entry
AND
2) There must have been the MR of
* Theft, or
* Infliction of GBH, or
* Attempted theft, or
* Attempted GBH
This can be the s20 GBH MR – D intended or foresaw the risk of some harm
Criminal damage not considered here
MR for attempted offences is intent and nothing else – must prove an intention to steal/commit GBH
Give a summary of the s9(1) burglary offences
1) Was there an effective entry?
2) If yes, was this into a building or part of a building?
3) If yes, has D entered as a trespasser (AR) and does D know or is he reckless as to this (MR)?
4) If yes:
a) At the time of entry, did D intend to commit theft, GBH or criminal damage - if yes, s9(1)(a)
b) Having entered, did D actually commit theft or attempted theft, or GBH or attempted GBH - if yes, s9(1)(b)
What are the elements of aggravated burglary?
1) AR and MR elements of either s9(1)(a) or s9(1)(b)
2) And ‘at the time’ D must have with them:
- A firearm
- An imitation firearm
- Any weapon of offence - Could include hammer, broken bottle, rope, handcuffs etc
- Any explosive
2a) For s9(1)(a), weapon needs to be with D at the time of entry
2b) For s9(1)(b), weapon needs to be with D at the time they commit or attempt to commit the ulterior offence
