Theft Flashcards
What offence is set out in s1 Theft Act?
Theft
Dishonest appropriation of property belonging to another with the intention of permanently depriving it
What is the actus reus of theft?
Appropriation of property belonging to another
Appropriation = any assumption of the owner’s rights
Property = money + real or personal property (incl. things in action, intangible property)
Belonging to another = person has possession, control, or any proprietary right or interest in the property at the point of the appropriation
What is considered ‘property’?
Money
Real property (land & things attached or fixed to it)
Personal property
Things in action (eg. money in bank account)
Intangible property (eg. patent)
What is considered ‘belonging to another’?
Having possession or control or any proprietary right or interest of the property at the moment of appropriation
Can an owner steal their own property?
Yes - because property can belong to more than one person at once
(eg. stealing own car from garage)
(eg. where property given to owner by mistake & there is a legal obligation to restore it to the original owner)
What is the mens rea of theft?
Dishonestly + intention to permanently deprive
When will a defendant be ‘dishonest’ for s1 Theft Act?
Clear dishonesty
s2 - May be dishonest if the defendant does NOT believe:
- Has right in law to the property
- Would have the owner’s consent
- Owner cannot be found by taking reasonable steps
(Regardless of whether willing to pay)
Ivey v Genting common law test:
1. What was the defendant’s knowledge or belief as to the facts? (subjective)
2. Given that knowledge & belief, was the defendant dishonest by the standards of ordinary decent people?
What are the three examples in s2 Theft Act where an appropriation of property belonging to another will NOT be regarded as dishonest?
(a) If defendant genuinely believes they have a right in law to deprive the other person of the property
(b) If defendant genuinely believes they would have had the owner’s consent
(c) If defendant genuinely believes that the person to whom the property belongs cannot be discovered by taking reasonable steps
If the defendant is willing to pay, can they be dishonest?
Yes - s2(2) Theft Act: a person’s appropriation of property belonging to another may be dishonest notwithstanding that they are willing to pay for the property
What is the common law test for dishonesty?
Ivey v Genting
- What was the defendant’s knowledge & belief as to the facts? (subj)
- Given that knowledge & belief, was the defendant dishonest by the standards of ordinary decent people? (obj)
What is an intention to permanently deprive?
Ordinary meaning, ie. wanting the owner permanently to lose the item
If a defendant takes money but intends to repay it, can they have an intention to permanently deprive?
Yes - must return exact same property & defendant does not intend to replace the exact same notes & coins
What offence is s8 Theft Act?
Robbery
Theft + force used or threatened against the victim or another immediately before or at the time of the theft in order to steal
What are the three extra elements necessary for a theft to also be a robbery?
i. Defendant used force or threatened to use force against a person
- Violence not required - force need not be substantial
- Can be against the victim or another person
- Force can be directed against property
ii. Immediately before or at the time of the theft
iii. In order to steal
- Force used or threatened must be in order to steal and for no other reason
To be guilty of robbery, against whom must force be used or threatened?
Against the victim or another person or used against property
So long as immediately before or at the time of the theft, and done in order to steal
Nb. ‘Force’ doesn’t have to be substantial
What offence is set out in s9 Theft Act?
Burglary
Two separate provisions:
s9(1)(a)
s9(1)(b)
What offence is set out in s9(1)(a)?
Burglary with intent to steal / inflict GBH / cause criminal damage
What are the elements of a s9(1)(a) burglary?
Actus reus:
- Effective entry
- Into a building or part of a building
- As a trespasser
Mens rea:
- Knowledge/recklessness as to trespass
- At the time of entry, intention to commit: theft / GBH / criminal damage
What offence is set out in s9(1)(b)?
Burglary & committing or attempting to commit theft / GBH
What are the elements of a s9(1)(b) burglary?
Actus reus:
- Effective entry
- Into a building or part of a building
- As a trespasser
- AR of committing or attempting to commit theft or GBH
Mens rea:
- Knowledge or recklessness as to being a trespasser
- MR of committing or attempting to commit theft or GBH
Nb. For GBH, will be satisfied for either s18 or s20 OAPA
If a person leans through a shop window & searches through the shelves inside, but their lower body stays outside the shop, will this be considered ‘entry’ for the purposes of a s9 burglary?
Yes - entry need only be ‘effective’
If an individual pushes their fingertips through the door of a house, which is slightly ajar, will this be considered ‘entry’ for the purposes of a s9 burglary?
No - if only the fingertips are inserted, entry would not be ‘effective’
If an individual inserts a wire hanger through a letter box & hooks the keys hanging near the door, will that be considered entry for the purposes of a s9 burglary?
Maybe - if an instrument is used to commit an offence (eg. theft of keys), it may be treated as an extension of the defendant’s body
What is the definition of a ‘building’ for the purposes of a s9 burglary?
Structures of considerable size with some degree of permanence (eg. house, greenhouse, factory)
+
Inhabited vehicles or vessels (eg. houseboat, caravan - but must be inhabited!)
BUT NOT temporary structures (eg. tent, marquee)
If a defendant enters a building lawfully but who then moves to another part where they do not have authority to go, would this constitute entry into a building as a trespasser under s9?
Yes - entry can be into building or part of a building
What is meant by trespass for the purposes of s9?
Defendant enters building (or part of a building) without consent or permission
Nb. Includes where obtained permission by deceiving owner or where going beyond permission to steal
If an individual enters a supermarket intending to steal bottles of alcohol, will they be considered a trespasser under s9?
Yes - although they have permission of the shop owners to enter, this is only to browse the products on display & purchase items legally. Will have gone beyond this permission when enter in order to steal.
For both s9(1)(a) burglary & s9(1)(b) burglary, defendant must have either knowledge or recklessness as to being a trespasser - when must they have this awareness?
At the time of entry
Can be established either by admission or by evidence eg. building locked, area roped off, signs excluding entry
What is meant by recklessness as to being a trespasser?
The defendant foresees a risk that they do not have permission to enter and go on, without justification, to take that risk
What offence is set out in s10 Theft Act?
Aggravated burglary
(Burglary with a firearm / imitation firearm / weapon of choice / explosive)
What are the elements of aggravated burglary (s10 Theft Act)?
Burglary under s9(1)(a) or s9(1)(b)
+
At the time
D has a firearm, imitation firearm, weapon of offence or explosive
What is deemed a weapon under the theft act?
Firearms (imitation or real)
‘Weapon of offence’ (any article made or adapted for use for causing injury to or incapacitating a person, or intended for such use)
Explosives
What is a ‘weapon of offence’ under s10 Theft Act?
Any article made or adapted for use for causing injury to or incapacitating a person, or intended for such use
(eg. machete, broken bottle, rope, handcuffs)
For s10 aggravated burglary, the defendant must have the weapon with them ‘at the time’ of committing the burglary - when is this?
s9(1)(a) burglary: At the time of ENTRY
s9(1)(b) burglary: when the ULTERIOR OFFENCE (theft, attempted theft, GBH, attempted GBH) is committed
