Theft Flashcards
Theft
D must appropriate
The appropriation must be of property
The appropriated property must belong to another
D must be dishonest in his appropriation of property belonging to another
D must have the intention to permanently deprive another person of that property
Summary of theft
Appropriation refers to the assumption of rights of another. D can appropriate even if they have consent and need only appropriate one of the rights of another.
Property refers to money or any other types of property whether real or personal. Land cannot generally be stolen unless exception applies (I.e trust property being held by a trustee)
Property will belong to another where they have possession, control or proprietary interest in that property. Property will continue to belong to another of it received for a particular purpose or by mistake.
Dishonesty is not defined. The court will consider whether D was honest in his appropriation by use of the circumstances. The court will then consider the common law test for dishonesty will asks whether D was objectively dishonest according to the standards of ordinary decent people. The jury will identify the subjective state of knowledge or belief held by D. Whether D appreciates his conduct was dishonest is irrelevant.
Intention to permanently deprive should be afforded its ordinary meaning. In most cases, intention will be obvious. Where not so clear, the court may consider and identify whether D’s dealing with the property could be considered as being equivalent to an outright undertaking.
Robbery
D must commit a theft.
D must use force or the fear of force on any person.
D must use force or the fear of force immediately before or at the time of stealing.
The force or fear of force must be used in order to steal.
Summary of robbery
In order for D to commit the offence of robbery there is a requirement of a completed theft
D must either use force or any person in the sense of using force against that person or put or seek to put a person in fear of being subjected to force. It is irrelevant whether an individual is put in fear.
D may use force on any person - it need not to be the person he is stealing from.
D must use force or fear of force immediately before the dishonest appropriation of property belonging to another or at the time of the dishonest appropriation.
Should D use force for some other purpose that to enable the theft or to escape, there will be no robbery.
D must intend to use force or the fear or force in order to steal - his intention must be clearly for that purpose.
S9(1)(a) burglary
D must enter a building
The entry must be of a building or part of a building
D must be a trespasser
D must have the necessary intention or recklessness as to being a trespasser
D must intend to commit one of the ulterior offences
S9(1)(b) burglary
D must enter a building
The entry must be of a building or part of a building
D must be a trespasser
D must have the necessary intention or recklessness as to being a trespasser
D must commit one of the ulterior offences
Summary of burglary
Entry is an ordinary word, requiring some form of effective entry. D need not be wholly within a building or part of a building (part of his body will be sufficient) and D need not be in a position that would allow him to commit an offence.
A building is an ordinary word referring to a structure with a degree of permanence. Part of a building refers to an area within a building that is restricted and not open to D.
A trespasser is an individual who has entered a building or part of a building without permission to do so. Entry as a trespasser must be deliberate and D must know that he is a trespasser or be reckless as to whether he is or not.
Mere trespass is not sufficient. It must either be proven that, at the point of entry, D intended to steal, do unlawful damage, inflict GBH or that D while in the building committed or attempted to commit theft or GBH.
Aggravated burglary
D must commit a burglary
At the time of committing the burglary, D has with him an aggravated article
The article in question is a firearm, imitation firearm, weapon of offence or explosive
Aggravated burglary summary
At the time refers to the point in time the offence is complete. If the prosecution alleges a s9(1)(a) offence D must have it with him at the point of entry and for s9(1)(b) it must be at the point of committing or attempting to commit theft or GBH
Has with him refers to D having the article in his possession or readily accessible. D must know he has the article with him.
An article may be aggravating if it is a firearm, imitation firearm, weapon of offence or an explosive.
