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Criminal Law > Property Offences > Flashcards

Property Offences Flashcards

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1
Q

What Act is burglary included in?

A

Theft Act 1968 (s9,10)

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2
Q

What section is Burglary at entry?

A

s9 (1 a)

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3
Q

What is the AR for Burglary at Entry?

A

AR: Enters as a trespasser

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4
Q

What is the MR for Burglary at Entry?

A

MR: Intention or recklessness as to trespass, intention to commit theft, GBH or unlawful damage

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5
Q

What was the OLD R v Collins test?

A

‘an effective and substantial entry’

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6
Q

R v Brown (1985)

A

There has to be an “effective” entry
Brown broke the window of an Argos shop and stuck his upper body through

The entry does not need to be “substantial”

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7
Q

Withdrawal of permission

A

R v Collins (1973)

Has to be a reasonable amount of time before the entrant becomes a trespasser

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8
Q

R v Jones; R v Smith (1976)

A

Argued they had unconditional consent to enter their father’s house
The court held that they waived this right through theft

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9
Q

AR of traspassing

A

AR: enters a piece of land without legal authorisation from the owner or a member of the owners family

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10
Q

MR of trespassing

A

MR: intention or recklessness as to the entry

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11
Q

What section is Burglary while inside?

A

s9 (1b)

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12
Q

Burglary while inside AR

A

AR: Once in building there is theft/attempted theft, GBH or attempted GBH

This does not include criminal damage

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13
Q

Burglary while inside MR

A

MR: Wilson and Jenkins (1983) suggests that there does not need to be proof of an MR

However this is contended by Spencer and Vigro (1983) that at least subjective recklessness needs to be present to be convicted of GHB

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14
Q

What section is Aggravated Burglary?

A

s10 (2)

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15
Q

What is the AR of Aggravated Burglary?

A

Burglary + the possession of a firearm, weapon or explosive/ the appearance of a firearm

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16
Q

R v Russell (1985)

A

Does not need to be shown that the firearm was to be used in the course of the burglary, but it has to be shown that it has to be used at some point

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17
Q

Theory: Maguire ad Bennet

A

Violation of the victim’s private home

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18
Q

Theory: Cook and Ludwig

A

In burglary increased likelihood of harm and violence

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19
Q

What is Robbery?

A

Theft + Force / Threat of Force

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20
Q

R v Dawson 1976

A

The force only needs to be minimal. In this case a nudge of the shoulder to take a wallet

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21
Q

R v Hale (1979)

A

The force has to occur at the time or immediately after the theft

Broke into a woman’s home, took jewellery and then tied her up. This was robbery

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22
Q

Theory: Lacey, Wells and Quick

A

The law not only defends property, but also defends a social order

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23
Q

Hence Proudhon

A

famously declared that property was theft

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24
Q

The force has to occur at the time or immediately after the theft

Broke into a woman’s home, took jewellery and then tied her up. This was robbery

A

R v Hale (1979)

25
Q

The force only needs to be minimal. In this case a nudge of the shoulder to take a wallet

A

R v Dawson 1976

26
Q

Argued they had unconditional consent to enter their father’s house
The court held that they waived this right through theft

A

R v Jones; R v Smith (1976)

27
Q

Does not need to be shown that the firearm was to be used in the course of the burglary, but it has to be shown that it has to be used at some point

A

R v Russell (1985)

28
Q

There has to be an “effective” entry
Brown broke the window of an Argos shop and stuck his upper body through

The entry does not need to be “substantial”

A

R v Brown (1985)

29
Q

‘an effective and substantial entry’

A

What was the OLD R v Collins test?

30
Q

s9 (1 a)

A

What section is Burglary at entry?

31
Q

s9 (1b)

A

What section is Burglary while inside?

32
Q

Which Act is criminal damage under?

A

Criminal Damage Act (1971)

33
Q

Defendant intentionally or…….destroying or…..property……..without…….

A

Recklessly
Damaging
Belonging to another
Without lawful excuse

34
Q

AR of Criminal Damage

A

Damaging or destroying any property belonging to another

35
Q

MR of Criminal damage

A

Intent or recklessness as to the damage/ownership

36
Q

Defences for criminal damage

A

A) Honestly believed the owner was consenting

B) In protection of yours or another’s property

37
Q

Roe v Kingerlee (1986)

A

Graffiti which could be removed easily constituted criminal damage

38
Q

Jaggard v Dickinson (1981)

A

Broke into her “friends” house after she became stranded on a night out
Turns out it was another house
Reckless as to the ownership

39
Q

Blake v DPP (1993)

A

Vicar engraved a biblical quote onto a concrete pillar in protest against the Gulf War

Claimed consent from G-d

Need to have a honest belief that the owner was consenting

40
Q

Werie v DPP (2012)

A

Not realising it is a criminal offence is not enough

41
Q 
Theft 
D....
A....
P...
B...
PD...
A 
Dishonestly 
Appropriates 
Property 
Belonging to another 
With an intention to permanently deprive
42
Q

Dishonesty exceptions
A)
B)
C)

A

A) Honestly believes entitled to deal with the property
B) Honestly believes the owner would consent
C) Honestly believes that the property is abandoned

DOES NOT HAVE TO BE REASONABLE BELIEF

43
Q

Honesty in Common Law

R v ….

A)
B)

A

R v Ghosh (1982)

A) Was what the defendant did dishonest according to the standards of reasonable and honest people?
B) Would the defendant realise the reasonable and honest person would regard what he did as dishonest?

Lord Lane CJ

44
Q

R v Ghosh (1982)

A

Defendant consultant claimed fees for operations he didn’t carry out
Led to the common law test for dishonesty

45
Q

Real property;
Personal property;
Things in action;
Intangible property;

A

Real property; land and immovable things
Personal property; moveable
Things in action; stocks, shares, cheques, cash
Intangible property - patents and copyrights

46
Q

Cannot steal information

Case:

A

Oxford v Moss (1979)

Copying an exam question cannot be an intention to permanently deprive

47
Q

R v Welsh (1974)

A

Gave urine to the police then ran off with it

Theft

48
Q

Yaerworth v NHS (2009)

A

Discusses the ownership of sperm in banks

49
Q

R (Ricketts) v Basildon Magistrates

A

Clothes left outside a charity shop
It was theft taking them
The property belonged to another

50
Q

Smith (Michael Andres) 2011

A

Can steal illegal goods

Defendant was convicted of stealing illegal drugs

51
Q

R v Turner (1971)

A

Can be convicted of stealing your own property
Drove his car away from a garage without paying
Convicted of theft
This would be different now

52
Q

R v Wain (1995)

A

Collected money on a charities behalf

Treated as a trustee and therefore not using it for the correct purpose was theft

53
Q

Attorney Generals Reference (No 1) 1983

A

A police officer was overpaid her salary
Didn’t pay it back, theft

Lord Lane - MR began when she first realised

54
Q

R v Small (1987)

A

Took a car which he believed to be abandoned because the keys had been left in it for over a week

Not guilty because an HONEST belief was enough

55
Q

R v Lavender (1994)

A

Movement of victims car was theft

56
Q

R v Mitchell (2008)

A

Moved the car
Left Hazard lights on
There was no intention to permanently deprive

57
Q

R v Velumyl (1989)

A

Stealing of money from employers safe

He did not intend to return that EXACT money

58
Q

Which Act is relevant to theft?

A

Theft Act 1968 s1

Criminal Law (7 decks)

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