The Property Offences

Question 1

s 2(1) TA 1968 - where D won’t be regarded as dishonest for theft

Answer 1

D has the right in law to the property, e.g. X takes £10 from Y’s wallet without Y’s knowledge to retrieve the debt owed to X by Y

The owner would’ve consented had they known the circumstances

The owner can’t be discovered by taking reasonable steps, e.g. picking up a £20 note on a busy high street pavement

Question 2

s 2(1) TA 1968 - where D might be regarded as dishonest

Answer 2

If D was willing to pay for the property

Question 3

Ivey test for dishonesty

Answer 3

What was D’s knowledge or belief as to the facts? - subjective

Was D’s conduct dishonest by the standards of ordinary decent people - objective

Question 4

What items cannot be stolen?

Answer 4

Electricity
Confidential information
Wild mushrooms, flowers, fruit, or foliage
Wild creatures

Question 5

4 components to the offence of robbery

Answer 5

• AR + MR of theft
• D uses or threatens force against a person
• Force/threats made immediately before or at the time of the theft
• Force/threats made in order to steal

Question 6

Burglary common components irrespective of s 9(1)(a) or (b)

Answer 6

Effective entry into a building or part of a building

D entered as a trespasser and knows or is reckless to this

Question 7

Burglary - s 9(1)(a)

Answer 7

At the time of entry the D intends to commit theft, or GBH, or criminal damage.

Question 8

Burglary - s 9(1)(b)

Answer 8

Having entered the D actually commits theft (or attempted) to, or GBH (or attempted to).

Question 9

Is a camper van a building under s 9 TA 1968?

Answer 9

Yes - if lived in as permanent home

Yes - if being used as holiday home at time of the burglary

No - if parked on the owner’s drive for use at a future date

Question 10

Definition of building

Answer 10

Structures of considerable size with some degree of permanence: house, factory, shop, shed, garage, greenhouse

Inhabited vehicles or vessels: houseboat, caravan, mobile home

NOT temporary structures: tent, marquee

Question 11

Aggravated burglary

Answer 11

Burglary under s 9(1)(a) or (b) + at the time D has a firearm, imitation firearm, weapon of offence or explosive

Question 12

Is snatching a cigarette from a victim without touching them likely to be regarded as force sufficient for robbery?

Answer 12

No.