Theft offences

Question 1

What is s.1 Theft act?

Answer 1

• A person is guilty if he dishonestly misappropriated property belonging to another with the intention of permanently depriving the other of it.

EITEHR WAY
MAXIMJM 7 years

Question 2

Actus reus of s.1 Theft act?

Answer 2

Appropriation
- Any assumption by a person of the rights of an owner amounts to an appropriation. Even with consent. Exempts someone who purchased innocently.
Property
- Includes all things except for Land, wild things growing unless the purpose is to reward or sell for another commercial purpose.
Belonging to another. CANNOT BE CONFIDENTIAL INFO.

Question 3

Mens rea of s.1 Theft act?

Answer 3

Dishonestly
WOULD NOT BE DISHONEST IN 3 CASES
1. If D has right to deprive other of property
2. If D would have persons consent
3.The person to whom the property belongs to cannot be discovered by taking reasonable steps.

This belief does not need to reasonably held just honestly held
Ivey Genting test
- Subjectively - what is D’s actual knowledge and belief.
- Reasonableness - Was it dishonest by reasonable people.
With intention to permanently deprive
- Treating things in away as if its own thing. Attempting to sell, rendering it useless. Borrowing will not count unless takings all of its goodness and practical value.
- ALL ELEMENTS MUST EXIST SIMULTANEOUSLY

Question 4

what is s.8 Theft act?

Answer 4

If a person steals, an immediately before or during uses any force, or puts or seeks to put any person in fear of being then and subjected to force.
Liable for imprisonment for life
INDICTABLE ONLY

Question 5

Actus reus of s.8 Robbery

Answer 5

Actus reus of theft
Force - doesn’t require violence
On any person - not just person being stolen from
Use of threat - immediately during or before, can be after if still in act of stealing.

Question 6

Mens rea of s.8 Robbery

Answer 6

Mens rea of theft and intend to use force in order to steal

Question 7

What is s.9 Theft act - burglary

Answer 7

• EITHER WAY MAX 14 years

If he enters a building or any part of a building with intent to commit any such offences as mentioned in subsection 2
- Having entered any building or part of building as trespasser he steals or attempts to steal anything in the building or that part of it or inflicts on any person therein any grievous bodily harm
- If it’s a dwelling – 14 years imprisonment
- In any other case 10 years

Question 8

AR and MR of s.9a Burglary?

Answer 8

• once they enter regardless of what they end up doing
  Actus reus - Enter as trespasser
  Mens rea - Have INTENTION to commit - stealing, inflicting of grievous bodily harm or unlawful damage to property

Question 9

AR and MR of s.9b Burglary?

Answer 9

Actus reus - having entered as trespasser - once inside steals, or attempts to, or inflict, or attempt to inflict grievous bodily harm. - COMMITTED AT COMMISSION OF THE OFFENCE
Mens rea
- Enters knowing or being reckless that the entry was trespass.

Question 10

What is aggravated burglary? s.10

Answer 10

If at the time of burglary has any firearm, or imitation firearm, or any weapon of offence.
Liable for life.
INDICTABLE ONLY