Theft, Robbery, Burglary, Fraud

Question 0

Theft - fault elements

Answer 0

1) dishonestly
- prima facie no dishonesty
- Ghosh subjective test

2) intention to permanently deprive
- Raphael : must be permanent
- Lloyd : borrowing and returning in a changed state
- Easom : conditional intent not enough

Question 1

Theft - external elements

Answer 1

1) appropriation
- Lawrence : taxi driver con man
- Gomez : consent to appropriation
- hinks : gift obtained dishonestly
- Morris : objective approach

2) of property
- AG Ref (1 of 1983) : debt is a thing in action

3) belonging to another
- Turner : possession or control
- Bonner : any proprietary interest, including a shared one
- property received under obligation : hall, cf walin
- propert got by mistake : AG Ref (1 of 1983); cf Giks

Question 2

Robbery

Answer 2

1) theft - Robinson, must satisfy all 5 requirements for theft

2) force or fear of force
- level if force may be minimal : clouden, Dawson and James
- force can be applied without direct touching : clouden
- fear of force will suffice
- but no requirement of fear, R and R v DPP

3) force used to facilitate theft - hale, continued appropriation

4) intention to use force in order to commit theft

Question 3

Burglary - common elements

Answer 3

External elements ——-

1) entry
- brown : all that is needed is effective entry

2) as a trespasser
- Collins : trespass requires entry without permission; this depends on what the d believed
- permission for a particular purpose : Jones and Smith
- Laing : trespass alone is not a criminal act

3) entry into a building or part of
- inhabited vehicles can be a building
- Walkington : test for whether a part is a part of a bulding
- presence of physical demarcation
- if D was aware of this prohibition

Fault elements ——-

Intention/recklessness as to trespass

Question 4

S.9(1)(a) burglary

Answer 4

Fault element

Intention to commit the ulterior offence at the time of entry

Question 5

S.9(1)(b) burglary

Answer 5

External elements
- Actual or attempted offence of theft or s.20 OAPA

Fault elements
- fault element of the ulterior offence

Question 6

Aggravated burglary

Answer 6

Burglary with a weapon