Theft Act Offences

Question 1

Theft

Theft Act 1968- Actus Reus and Mens Rea of Theft

Answer 1

AR= “Appropriating property belonging to another”. Any assumption of the rights of an owner (even without stealing it)

MR= “Dishonesty and intention to permanently deprive”- dishonesty is the main element here. Theft can still occur with consent and being valid in civil law.

Question 2

Theft Act 1968

Property can include

5 types of thing

Answer 2

Money
Real (land)
Personal
Intangible Property
Things in Action (Choses in action) e.g train ticket

Question 3

Theft Act 1968

Obligation and Mistake in Property “belonging to another”

3 points

Answer 3

1. No requirement for court to inquire into lawfulness of Vs ownership
2. If D receives property & is under an obligation to retain it or use in specific way, its Theft if he fails to do so.
3. If D receives property by misake & is under an obligation to make restoration, its Theft if he doesn’t. e.g salary overpayment.

Question 4

Theft Act 1968/Mens Rea/Dishonesty

What are the 3 Theft Act 1968 s2 Scenarios that precede the Ghosh Test

The scenarios prove D is not dishonest

Answer 4

1. D belives that in law, he has the right to deprive V of property
2. D belives the V would have consented if they knew
3. D belives the owner cannot be found (by taking reasonable steps)

If none of the above can be proved, the Ghosh Test is then applied

Question 5

Theft Act 1968/Mens Rea/Dishonesty

What is the Ghosh Test?

2 limbs, modified by Ivey v Genting Casinos

Answer 5

1. The actual state of Ds belief/knoweldge of the facts (D only has to have an honest belief)
2. Question of Ds honesty (or not) decided by court via applying objective standards of ordinary reasonable people.

After Ivey, D no longer requirement for D to appreciate themselves (subjectively) that they fell below the standard of ordinary reasonable people.

(the court must decide^)

Question 6

Theft Act 1968/Mens Rea/Intention permanently deprive

Intention to Permanently Deprive Basic Points

Answer 6

1. NO need for evidence of permanent deprivation- just deprivation.
2. Looking through stuff (e.g. bag) isn’t Theft but “conditional intent” as D is only deciding, not stealing.
3. If D departs with property on condition he can’t fulfil this is theft (e.g. ransom, pawning it, reduction in quality or virtue)

Question 7

Theft Act 1968/Robbery & Burglary

s9(1)(a) Theft Act 1968 and s9(1)(b) concerned with…

Answer 7

s9(1)(a) concerned with intention of D
s9(1)(b) concerned with Ds actions after entry

Question 8

Theft Act 1968/Robbery & Burglary

Actus Reus of Theft Act 1968 s9(1)(a)

Answer 8

D entered building as a trespasser

Question 9

Theft Act 1968/Robbery & Burglary

“Entry” under Theft Act 1968

Answer 9

Used to be requirement of “substantial” but now for jury to decide.
Must be body or body part. Agent sent, counts.
Object(s) depends- if inserted to bring about intended result.

Question 10

Theft Act 1968/Robbery & Burglary

“Building” under Theft Act 1968

4 points..

Answer 10

Jury decides if its Building or not
“Connected and entire structure”
No requirement to be occupied
Inhabited vehicles and vessels count (even if empty at time)

Question 11

Theft Act 1968/Robbery & Burglary

“Trespasser” under Theft Act 1968

3 points…

Answer 11

Entered without permission
Permission has limits (shop counter)
D must also be subjectively reckless to facts that make him a Trespasser

Question 12

Theft Act 1968/Robbery & Burglary

Mens Rea of s9(1)(a) Theft Act 1968

3 points…

Answer 12

1. D knew or was reckless to facts making him a Trespasser
2. D knew or was reckless to fact the structure was a building.
3. D entered with 1 of the ulterior motives (Steal/Inflict GBH/Criminal Damage)

D still has intent even if its conditional (unlike Theft)

Question 13

Theft Act 1968/Robbery & Burglary

Actus Reus of Theft Act 1968 s9(1)(b)

4 points…

Answer 13

D entered a building (or part of it)
As a trespasser
Stole or attempted to steal
Inflicted or attempted to inflict GBH

Question 14

Theft Act 1968/Robbery & Burglary

Mens Rea of Theft Act 1968 s9(1)(b)

3 points…

Answer 14

D knowing or being reckless to being Trespasser
D knowing or being reckless to fact it was a building
PLUS MR for the ulterior Offence- Theft/GBH

Question 15

Theft Act 1968/Robbery & Burglary

Theft Act s10(1) is…

Answer 15

Aggravated Burglary
(possession of a weapon- firearm (or imitation) articles made or adapted, explosives.

Question 16

Theft Act 1968/Robbery & Burglary

s8(1) Theft Act 1968- Actus Reus of Robbery

3 points…

Answer 16

Theft
Force (or threat of it) is used immediately/at the time
Force (or threat of it) is to perform the theft and not something else

“Force” has the ordinary meaning intentional/reckless & not accidental

Question 17

Theft Act 1968/Robbery & Burglary

s8(1) Theft Act 1968- Mens Rea of Robbery

2 points…

Answer 17

As per Theft- dishonest and intention to permanently deprive.

Test for dishonesty is as per Ivey v Genting Casinos

Question 18

Theft Act 1968/Robbery & Burglary

Theft Act 1968 Aggravating factors

3 points…

Answer 18

Previous Criminal Convictions
Stole Goods to Order
Offending over large period of time

Question 19

Theft Act 1968/Robbery & Burglary

Theft Act 1968 Mitigating Factors

Answer 19

No previous convictions
Remorse/Good Character
Serious Medical Condition
Young/Lack Maturity
Mental Disorder/Learning Disability
Sole Primary Carer for Dependents
Steps to address behaviour