Theft Offences Flashcards
What is the AR of theft?
Appropriation of property belonging to another.
Appropriation - also includes destroying someone’s property/selling it. Someone coming across property, and keeping it after realising it belongs to someone else. Continuing act - AR and MR coincide.
What is the MR of theft?
D was dishonest and intended to permanently deprive another of their property.
Test for dishonesty:
1. What was D’s knowledge and belief as to the facts?
2. Given that knowledge and those beliefs, was D dishonest by the standard of ordinary, reasonable and decent people?
What is the AR of robbery?
AR of theft - appropriation of property belonging to another
AND force - D must:
-use force
-put a person in fear of being then and there subject to force
-seek to put a person in fear of being there and then subject to force
What is the MR of theft?
Dishonesty; and
Intention to permanently deprive
What is the AR of s9(1)(a) burglary?
D enters a building or part of a building as a trespasser.
Includes going into a closed off area.
What is the MR or s9(1)(a) burglary?
D must know or be reckless as to entry as a trespasser.
At the time of entry, D intended to commit theft, inflict GBH or commit criminal damage.
It is immaterial whether D actually commits one of these offences.
Conditional intent applies.
What is the AR of s9(1)(b) burglary?
D enters a building or part of a building as a trespasser AND
Steals/attempts to steal or inflicts/attempts to inflict GBH.
Difference with s9(1)(a): D has entered the building and then steals/inflicts GBH.
What is the MR of s9(1)(b) burglary?
Knowing/being reckless as to entry as a trespasser, and
D has the MR of theft or GBH.
What is aggravated burglary (s10 TA 1968)?
At the time of committing burglary, D has:
-a firearm
-an imitation firearm
-a weapon of offence
-an explosive
D must have the weapon at the time of committing s9(1)(a) or (b).
