Theft Flashcards
Dishonesty - Defences
L Legal Right (D honestly believe right)
A Appropriated with consent (D honestly believe in consent given in circumstances)
W Will not find owner (take reasonable steps find owner, and D honest held belief at time of appropriation)
Appropriates
The owner of property has many rights in relation to it - the right to sell it, to give it away, to damage it or to destroy it are just some examples. ‘Appropriation’ does not envisage that’ a person assumes all of those rights, just one of them would suffice for ‘appropriation’ to occur.
Property is NOT
W Wild plants (unless the whole plant is taken for sale or reward (s.4(3))) or wild animals (unless the animal is in the process of being reduced into captivity (s.4(4))). Can pick pluck, cant dig. If pick with intention of eating, then change mind not theft. If flower mushroom is cultivated is cultivated it will be theft.
H Human corpse (note that products of the body, such as urine, can be stolen and bodies can be stolen if some skill has been exercised on them). Such as Egyptian mummy.
I Information (Oxford v Moss [1979]). Adopt someone characteristics not theft (NI number)
L Land (although land can be stolen by (a) trustees etc., (b) someone not in possession of the land can appropriate anything severed from the land, (fixtures plants topsoil) and (c) a tenant can appropriate any fixture (s.4(2)). Value land 10000 bought 1000 as sold by employees is theft. Tenants can steal fixtures fitting (sink/garden shed) not topsoil/topsoil as not fixtures of structures.
E Electricity (Low v Blease [1975]). Abstract electricity not stealing.
S.9(1)(a) –
Burglary
Theft
GHB
Damage
A person is guilty of burglary if
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He enters
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Any building or part of a building
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As a trespasser with intent to
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Steal anything in the building or part of the building
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Inflict on any person therein any GBH
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Or do unlawful damage to the building or anything therein
s.9(1)(b) –
Burglary
Theft
GHB
A person is guilty of burglary if
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Having entered any building or part of a building
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as a trespasser
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He steal or attempts to steal anything in the building or that part of it
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Or inflicts or attempts to inflict on any person therein any GBH
s.10 - Aggravated Burglary
A person is guilty of aggravated burglary if
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He commits any burglary
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And at the time
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Has with him
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Any firearm
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Imitation firearm, weapon of offence
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Or any explosive
S.10 - Aggravated Burglary WIFE
Weapon
Imitation Firearm
Firearm
Explosive
S.10 - Aggravated Burglary further info
X enters house no WIFE intend steal (91a), X in kitchen disturbed by O, X picks up knife and threatens O intending to hurt (not agg as has not committed/attempted theft gbh. O rushes to X who stabs O inflicting GBH (91B) but at the time of the offence had WIFE so is agg)
Need to be immediate control does not have to be on his person, D must have knowledge of presence of item.
X and Y decide to commit burglary. X takes knuckle duster but does not tell Y. They enter intending to commit 91a. X commits agg with having knuckle duster. Y does not a she has no knowledge of KD. If Y knew then would be guilty.
Offence does not occur if person in a group with WIFE does not enter.
Burglary offence 91a or 91b must be committed for agg.
Weapon of offence include –cause injury:- made (bayonet knuckleduster), adapted (screwdriver sharpened tip), intended (cutlery knife), made adapted or intended (handcuffs rope CS chloroform)
Must KNOW PRESENCE WEAPON and that it is a weapon.
Imitation firearm does not include finger in pocket
Explosives does not include fireworks
Enters - definition
Entry needs only to be ‘effective’. This does not mean that the defendant needs to get his whole body inside, (hook inside to steal something or muzzle gun through letter box would be entry, but using coat hanger to gain entry is not be entry) must be deliberate no accidental.
S.8 - Robbery
A person is guilty of robbery if he
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Steals
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And immediately before or at the time of doing so
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And in order to do so
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He uses force on any person
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Or puts or seeks to put any person in fear of being then and there subjected to force
Steals
The same as in the Theft Act – dishonestly, appropriates property belonging to another with the intention of permanently depriving the other or it.
No theft = no robbery.
Immediately before or at the time of doing so
The threat of force needs to be at the time, not at a time in the future. Any force used after the theft would not be a robbery.
In order to do so
The use of force must be ‘in order’ to carry out the theft.
The question to ask in such circumstance is ‘Why has the force been used and/or threatened?’ If the answer is anything other than ‘To enable the defendant to commit theft’ then there Is no offence of robbery.
s.21 - Blackmail
A person is guilty of blackmail if he
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With a view to gain for himself or another
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Or with intent to cause loss to another
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He makes unwarranted demand with menaces
A demand with menaces is unwarranted unless the person making the demand does so
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in the belief that he has reasonable grounds for making the demand; and
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that the use of the menaces is a proper means of reinforcing the demand
Gain and Loss
Gain and loss for the purpose of the act only include money or other property (sexual favours not included). Gain or loss can be temporary or permanent.
Gain - Keeping what you already have can amount to a ‘gain’ as well as getting what one has not
Loss – Includes not getting what one might get, as well as a loss by parting with what one has.
