Topic 6 - Property Offences

Question 1

What are the three actus reus elements of theft?

Answer 1

Appropriation, property, and belonging to another.

Question 2

What does ‘appropriation’ mean in the context of theft?

Answer 2

Any assumption of ownership rights over property, regardless of the owner’s permission.

Question 3

What types of property are included in the definition of ‘property’ under the Theft Act 1968?

Answer 3

Money and things in action (e.g., bank accounts). It excludes land, electricity, and confidential information.

Question 4

Can land or wild creatures be stolen?

Answer 4

Land cannot be stolen. Wild creatures may only be stolen under specific circumstances.

Question 5

What does ‘belonging to another’ mean in theft?

Answer 5

Property must be in the possession, control, or ownership of someone else.

Question 6

What is the mens rea requirement for theft?

Answer 6

Dishonesty and intention to permanently deprive the owner of the property.

Question 7

How is dishonesty defined in the Theft Act?

Answer 7

Dishonesty is based on the defendant’s belief at the time, not factual correctness, and whether the defendant’s conduct was dishonest by ordinary people’s standards.

Question 8

What must be proven to establish dishonesty in theft?

Answer 8

The defendant’s belief regarding their right to the property, owner’s consent, or whether the owner could be found.

Question 9

What is the ‘intention to permanently deprive’ in theft?

Answer 9

It means the defendant intends to take the property with no intention to return it or to return it in a way that amounts to permanent deprivation.

Question 10

What is required for the actus reus and mens rea of theft to coincide?

Answer 10

The appropriation, property, belonging to another, dishonesty, and intention to permanently deprive must all be present at the same time.

Question 11

What is the additional element required for robbery beyond theft?

Answer 11

The use or threat of force either immediately before or during the theft, with the intent to steal.

Question 12

What are the key elements of burglary under Section 9(1)(a)?

Answer 12

Entry as a trespasser into a building or part of a building, with intent to steal, commit theft, or cause GBH or criminal damage.

Question 13

What are the key elements of burglary under Section 9(1)(b)?

Answer 13

Entry as a trespasser into a building or part of a building, and committing theft, GBH, or attempted theft/GBH.

Question 14

What is the difference between Section 9(1)(a) and Section 9(1)(b) burglary?

Answer 14

Section 9(1)(a) focuses on intent to commit theft, GBH, or criminal damage, while Section 9(1)(b) requires the commission or attempt of theft/GBH after entry.

Question 15

What is required for aggravated burglary under Section 9?

Answer 15

A burglary offense under Section 9 with possession of a weapon, firearm, imitation firearm, or explosive.

Question 16

When must the weapon be present for aggravated burglary under Section 9(1)(a)?

Answer 16

The weapon must be with the defendant at the point of entry.

Question 17

When must the weapon be present for aggravated burglary under Section 9(1)(b)?

Answer 17

The weapon must be with the defendant at the time of committing the theft, GBH, or attempted theft/GBH.

Question 18

What are the key elements of mens rea for burglary under Section 9(1)(a)?

Answer 18

Knowledge or recklessness of trespassing and intent to commit theft, GBH, or criminal damage.

Question 19

What are the key elements of mens rea for burglary under Section 9(1)(b)?

Answer 19

Knowledge or recklessness of trespassing and intent to commit theft, GBH, or attempted theft/GBH.