Theft offences Flashcards
What is the AR for theft?
- Appropriation (s3 TA 1968)
- of property (s4 TA1968)
- belonging to another (s5 TA 1968)
What is the MR for theft?
- Dishonestly [appropriate] )s2 TA 1968)
- with the intention to permanently deprive (s6 TA 1968)
What property can be stolen according to s4 TA 1968?
‘includes money, and all other property real or personal, including things in action and other intangible property’
What is the common law test for dishonesty?
Ivey v Genting Casinos [2017]
1. What was D’s knowledge and belief as to the facts?
2. Given the knowledge and those beliefs, was D dishonest by the standard of ordinary and decent people?
What are the scenarios laid out in s2 TA 1968 where a person will not be considered dishonest?
- D has a right in law to deprive the other of property; s2(1)(a)
- D would have the others’ consent if they knew; s2(1)(b)
- The person to whom the property belongs cannot be discovered by taking reasonable steps; s2(1)(c)
What is the AR of robbery?
- AR of theft
- force is used in one of three ways
- on any person
- use or threat of force immediately before or at the time of stealing
What is the MR of robbery?
- MR of theft
- Intention to use force in order to steal
What are the three ways in which force or the threat of force can be established?
- D uses force
- D puts a person in fear of being there and then subjected to force
- D seeks to put a person in fear of there and then being subjected to force
What are the two types of burglary?
- s9(1)(a)
- s9(1)(b)
What is the AR of a s9(1)(a) burglary?
- D enters
- A building or a part of a building
- As a trespasser
What is the MR of a s9(1)(b) burglary?
- Knowing or being reckless as to entry as a trespasser
- At the time of entry, D intended any of the ulterior offences in TA 1968 s9(2):
- steal anything in the building or part of building
- Inflict GBH on any person in the building or party of the building
- Damage unlawfully the building or anything therein
What is the partial definition of a ‘building’ under s9(4) TA 1968?
Includes an inhabited vehicle or vessel, whether the person living there is present at the time or not
What are the five elements of a s9(1)(b) burglary that must be present to establish the crime?
- D entered
- A building or part of a building
- As a trespasser
- Knowing or being reckless as to entry as a trespasser
And D did one of the following:
- stole something from the building or part of a building
- attempting to steal something from the building or part of building
- Inflicting GBH on any person
- Attempting to inflict GBH on any person
What is the maximum sentence for burglary as set out in TA 1968?
- 14 years where the building or part of the building is a dwelling
- 10 years in any other case
What section of TA 1968 lays out the max sentence for burglary?
s9(3)
What is the maximum sentence for aggravated burglary, and what section of TA 1968 lays this out?
- life imprisonment
- s10(2)
Under s10(1)(b), what is a weapon of offence?
can be any article:
- made or adapted for causing injury or incapacitating another person
