The Property offences, fraud and criminal damage Flashcards
What is the offence of theft?
Either way offence ‘dishonestly appropriate property belonging to another with the intention of permanently deriving the other of it’.
What is meant by ‘appropriation’ in theft?
An assumption of right of an owner.
What is the Ivey test for dishonesty?
- Ascertain state of D beliefs and
- Determine whether their conduct was honest or dishonest by standards of reasonable people
What is the mens rea of theft ?
Subjective test of dishonesty
What is the offence of robbery?
indictable offence with Actus reus + mens rea of theft + the defendant uses or threatens force at the time or immediately before robbery.
What is the offence of burglary?
Either way offence with actus reus of entering building as trespasser with intent to steal or attempt to inflict GBH
+ Mens rea of knowledge/recklessness of being trespasser + intent to commit theft, GBH or criminal damage
What is the rule from [R v Collins] around Burglary?
Must make an ‘effective and substantial’ entry
What is the offence of aggravated burglary?
Indictable offence where they are guilty of committing burglary and at the time has weapon or explosive.
What are the three ways fraud can be committed?
- Making a false representation
- Failing to disclose information
- Abuse of position
What is the offence of false representation?
Actus reus of making a false representation
+ Mens rea of must know it was untrue and acted dishonestly (Ivey test)
What must be true to be guilty of failing to disclose info fraud?
- Fail to disclose legally required info and
- intend by failing, to make gain or cause a loss
+ Mens rea of dishonesty and intention to gain or cause loss,
What must be true for fraud by abuse of position?
- Occupy a position to safeguard
- Dishonestly abuse that position
- Intend by abuse to gain or cause loss
What is the offence of criminal damage?
Actus reus to destroy or damage property belonging to another without lawful excuse
+ Mens rea to intentionally or recklessly with knowledge that person belongs to another.
What is the offence of Arson?
Actus reus and mens rea of criminal damage + Fire
What is aggravated criminal damage?
Criminal damage with the additional mens rea for this damage or destruction to endanger the life of another.
