W8 Property and W9 Attempts and Secondary Participation Flashcards
What is the authority for property offences?
Theft Act 1968
What is the authority for theft?
ss1-7 of the Theft Act 1968
What is the authority for robbery?
s8 of the Theft Act 1968
What is the authority for burglary?
s9 of the Theft Act 1968
What is the authority for aggravated burglary?
s10 of the Theft Act 1968
What is the authority for Taking a Motor Vehicle Without Consent (TWOC)?
s12 of the Theft Act 1968
What is the authority for Aggravated TWOC?
s13 of the Theft Act 1968
What is the authority for blackmail?
s21 of the Theft Act 1968
What is the authority for handling stolen goods?
s22 of the Theft Act 1968
What are the elements of theft?
Dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it
AR:
Conduct: Appropriate
Circumstances: Property belonging to another
Consequences:
MR: Dishonest + intent to permanently deprive.
What is property?
Money, land, rights in property (e.g. debts, trademarks, bank balance), patents, copyright
What is not property or cannot be stolen?
Picking wild flowers or mushrooms isn’t stealing unless done for sale/commercial purposes
Wild animals are property but cannot be stolen (mostly)
Digging up a plant is stealing
Can’t steal knowledge - Oxford v Moss
Theft of electricity/services are different offences
No property in a corpse
Oxford v Moss
Facts: Theft of an exam paper. Ruled not theft as it was only knowledge that was taken.
Significance: Some things can’t be stolen.
Kelly
Facts: D stole 35 human body parts from Royal College of Surgeons. Tried to defend by saying there is no property in a corpse. However, court found that when a body part was altered (such as for medical examination) it acquired value and became property.
Significance: Theft - Parts of the corpse ‘acquired different attributes’
What is appropriation re: theft?
Any assumption of the rights of the owner
Morris
Facts: D switched the labels on supermarket goods to pay lower price. Ruled theft as he assumed the right of the owner to price the goods. Even if he swapped the labels back before check out, was still theft.
Significance: Theft - assumption of rights of owner. Putting things back doesn’t negate theft.
Lawrence
Facts: Tourist handed his wallet to taxi driver, instructing him to take the fare. Taxi driver took more than the fare, held to be theft.
Significance: Theft - assumption of rights of owner
Hinks
Facts: D befriended a vulnerable man, persuaded him to make (voluntary) daily cash gifts totalling £60k.
Significance: Consent as a defence is questionable with theft, as dishonesty is a requirement.
Skipp
Facts: Contractor engaged to collect consignments, then made off with them. Point of completion of the offence was after he collected the final consignment, as that’s when the appropriation occurred.
Significance: Theft - appropriation. Point of completion.
What is the “point of completion”?
The point at which the AR and MR coincide.
Does the owner of the stolen property need to perceive the theft?
No - Woodman
Woodman
Facts: V sold all scrap metal on premises to X. X left some behind as too hard to reach, D entered premises to take remainder.
Significance: Person in control of property does not need to be aware of the theft.
What counts as ownership re: theft?
Legal ownership or control/possession. Someone can steal a hire car from you.
Rostron
Facts: D was collecting lost golf balls that the club didn’t bother to collect. Was classed as theft.
Significance: Theft - can steal things people don’t want.
Can those entitled to handle money on others’ behalf steal?
Yes - if dishonestly appropriated, trustees can be guilty of theft. Must deal with money as agreed.
Rule re: theft and mistake?
If you accidentally receive property, you have to return it. Intending not to return it is appropriation. Can keep it if there’s an inability to discover owner.
Ivey v Genting Casino
Facts: D was counting cards with an accomplice. Pretended not to know each other. Accomplice asked to keep the same deck of cards as a superstition.
Significance: Was not otherwise illegal. Was dishonest.
Can borrowing be theft?
Yes, if:
1) intention was to permanently deprive (but then changed mind) or
2) treats it in a way that is equivalent to outright taking or disposal because the thing’s goodness or virtue has gone
3) you’re giving back something else in its place, e.g. taking money to return different, equivalent money - Velumyl
Lloyd
Facts: Made counterfeit video tapes from a film reel. Not theft because reel didn’t change.
Significance: Reproduction isn’t theft.
Velumyl
Facts: D took money from company safe, intending to replace the sum after the weekend. Was theft because it would be different notes.
Significance: Theft - giving back different notes.
What is robbery?
Theft + use, threat, or attempted threat of force.
Threat must be used to steal.
Must be an immediate threat.
What is burglary?
(Theft or GBH or criminal damage) + trespassing (intentional or reckless).
Complete either:
(9(1)a) When entering the building with intent to commit theft/gbh/damage, OR
(9(1)b) After entering, they attempt to commit theft/gbh/damage
What is a building, re: burglary?
Must be fairly permanent
Trespassing if you’re in a restricted area of a building
Walkington
Facts: D walked behind shop counter
Significance: Entering a restricted area (physically demarcated as such) is trespassing, can mean burglary.
Ryan
Facts: D only partially entered building. Head and arm stuck. Could not have stolen anything, still burglary.
Significance: Partial entry into a building can be burglary, even if you don’t steal.
Wheelhouse
Facts: Fishing rod through front door.
Significance: Burglary can be committed by instrument or innocent agent
Jones and Smith
Facts: Were invited over by V, but were not invited to steal 2 TVs.
Significance: Trespassing if you are exceeding your invitation.
What is trespassing?
1) Entering
2) A building (or dwelling - some permanence)
3) as a trespasser (e.g. unlawfully/outside your invitation)
4) with awareness or recklessness towards being a trespasser
5) With intention to commit or attempt theft/gbh/criminal damage
What is the authority for fraud?
Fraud Act 2006