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
What is fraud?
1) False representation, or
2) Failing to disclose information, or
3) abuse of position
What is fraud by false representation?
1) Dishonestly
2) Making a false representation
3) Intending to make a gain to himself or cause a loss to another
What is a false representation?
Any representation that is:
1) untrue or misleading AND
2) D knows it is or might be untrue/misleading (recklessness)
Does not need to be made to a person
Can be words or conduct
What happens if D believes a statement is false but it turns out to be true?
Then they are guilty of attempted fraud by false statement (but not guilty of fraud)
What is fraud by failing to disclose information?
1) Dishonestly
2) Failing to disclose information which they have a legal duty to disclose
3) With the intention to make a gain for himself or another/cause a loss to another
What is fraud by abuse of position?
1) Defendant is in a position where they are expected to safeguard, or not act against, the financial losses of another person
2) Dishonestly uses that position
3) Intends to make a gain for himself or another or cause loss to another
4) Can be act or omission
What is obtaining services dishonestly?
1) Obtaining services
2) Dishonestly
3) If services were made available on the basis that payment has/will be made
4) D does not pay
5) D knows payment is expected and has no intention to pay when he obtains the services
Not an omission. Requires actual obtainment. Requires causation between dishonesty and service.
What is making off without payment?
1) Dishonestly
2) Making off
3) Without having paid as required
4) Knowing that payment is required
5) Intending to avoid payment
Turner
Facts: Stole his own car from the garage with spare key to avoid paying.
Significance: Theft - owners and part owners can steal.
What is the authority for secondary participation?
Accessories and Abettors Act 1861
How can a D be a secondary participant?
Aiding
Abetting
Counselling
Procuring
*Includes the above by omission if there’s a special duty
Rule re: timing and secondary participation?
Must occur before or during offence. Offence itself must be committed
How is a secondary participant charged?
For the same offence as the primary
How to determine a primary vs secondary offender?
Two primary offenders:
1) both offenders satisfy all elements of the offence, OR
2) Their combined actions satisfy all elements of the offence (Bingley - bank notes)
Otherwise any aiding/abetting/counseling/procuring is secondary participation
Bingley
Facts: Two defendants together forged bank notes. Did different parts of the forgery.
Significance: Together, their combined actions satisfied all elements of the offence
Can mere presence be secondary participation?
Yes - Clarkson
Does there need to be a causal link between the secondary participation and the crime?
No - Calhaem
“Some connection” is enough
Calhaem
Facts: D paid another to kill someone who was sleeping with her crush. He decided not to kill the victim, just scare her, but lost control and ended up killing V anyways. D argued that since he abandoned the plan, there was no causal link.
Significance: Secondary participation - does not need to be a causal link between counselling and principal offence.
Blakely and Sutton
Facts: Defendants spiked V’s drink so he couldn’t drive home to his wife. V left unexpectedly and was found drunk driving. Appeal allowed because Ds intended intoxication but did not intend him to drive.
Significance: Secondary participation - intent.
Clarkson
Facts: Soldiers watched others raping a woman. Mere presence was does not by itself encourage is insufficient, but an encouraging presence is sufficient. Actual encouragement must be found in fact.
Significance: Secondary participation and encouragement. More likely to be encouragement if they had the power or a right of control and chose not to intervene.
Jogee
Facts: Burglary. P took out a knife and killed V. S knew there was risk of some violence but not that extent.
Significance: Overwhelming supervening act only works if the crime P commits that is outside of the plan is fundamentally different from possible crime(s) foreseen by S. Also mens rea element of secondary participation - need to intend to assist a crime.
For secondary participation, does the 2nd participant need to know or intend the crime?
Must know the type of crime, or one of a list of crimes
If crime requires intent, must intend to assist or encourage the act with such intent
What is the mens rea requirement for secondary participation?
S must intend their own contribution and either:
1) Direct intention to assist primary or
2) Indirect intention (knowing primary will be encouraged by aid)
Recklessness is insufficient.
Can a secondary participant be guilty of murder?
Yes, if they intend to aid grievous bodily harm at least.
If they intend something else/a lesser violence and it gets out of hand, then it will be manslaughter.
What is an overwhelming supervening act re: secondary participation?
Where the primary abandons the pre-agreed plan, e.g. Grant. Can still be convicted of primary offence.
Grant
Facts: Group went to attack V with a car full of weapons. On seeing V, primary ran him over with the car, killing him. All participants convicted of murder.
Significance: Secondary participation - overwhelming supervening act
What is an innocent agent?
A person who commits the actus reus but has no mens rea. They are uninformed, or a child, or insane. E.g. Michael
How can one use the defence of withdrawal?
1) Must withdraw participation before crime is committed by P
2) Participation not just discontinued but countermanded
3) Greater the involvement, more must do to withdraw/countermand
Authority: Grundy
Grundy
Facts: D gave information enabling a burglary. Repented and spent 2 weeks trying to convince his companion not to go through with it
Significance: Example of defence of withdrawal.
Becerra and Cooper
Facts: Ds burgled an elderly woman’s home. D1 used knife to cut telephone wires, then handed knife to D2. A neighbour arrived; D1 shouted “let’s go” and jumped out the window. D2 stabbed the woman fatally. Ruled not enough to countermand.
Signficance: Example of failure of withdrawal defence.
What is the authority for criminal attempt?
Criminal Attempts Act 1981
What is the conduct requirement for criminal attempt?
More than merely preparatory
Attempt begins when the defendant embarks on the crime proper
Campbell
Facts: D was arrested one yard from the door of a post office. Strong evidence he intended to rob the post office. Ruled not more than merely preparatory, as hadn’t entered the place in which he could carry out the offence.
Significance: Attempt crimes begin when you embark on the crime proper.
What is the secondary act of procuring?
Persuading or intimidating someone into committing a crime. E.g. Calhaem
Facts: Theft of an exam paper. Ruled not theft as it was only knowledge that was taken.
Significance: Some things can’t be stolen.
Oxford v Moss
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’
Kelly
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.
Morris
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
Lawrence
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.
Hinks
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.
Skipp
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.
Woodman
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.
Rostron
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.
Ivey v Genting Casino
Facts: Made counterfeit video tapes from a film reel. Not theft because reel didn’t change.
Significance: Reproduction isn’t theft.
Lloyd
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.
Velumyl
Facts: D walked behind shop counter
Significance: Entering a restricted area (physically demarcated as such) is trespassing, can mean burglary.
Walkington
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.
Ryan
Facts: Fishing rod through front door.
Significance: Burglary can be committed by instrument or innocent agent
Wheelhouse
Facts: Were invited over by V, but were not invited to steal 2 TVs.
Significance: Trespassing if you are exceeding your invitation.
Jones and Smith
Facts: Stole his own car from the garage with spare key to avoid paying.
Significance: Theft - owners and part owners can steal.
Turner
Facts: Two defendants together forged bank notes. Did different parts of the forgery.
Significance: Together, their combined actions satisfied all elements of the offence
Bingley
Facts: D paid another to kill someone who was sleeping with her crush. He decided not to kill the victim, just scare her, but lost control and ended up killing V anyways. D argued that since he abandoned the plan, there was no causal link.
Significance: Secondary participation - does not need to be a causal link between counselling and principal offence.
Calhaem
Facts: Defendants spiked V’s drink so he couldn’t drive home to his wife. V left unexpectedly and was found drunk driving. Appeal allowed because Ds intended intoxication but did not intend him to drive.
Significance: Secondary participation - intent.
Blakely and Sutton
Facts: Soldiers watched others raping a woman. Mere presence was does not by itself encourage is insufficient, but an encouraging presence is sufficient. Actual encouragement must be found in fact.
Significance: Secondary participation and encouragement. More likely to be encouragement if they had the power or a right of control and chose not to intervene.
Clarkson
Facts: Burglary. P took out a knife and killed V. S knew there was risk of some violence but not that extent.
Significance: Overwhelming supervening act only works if the crime P commits that is outside of the plan is fundamentally different from possible crime(s) foreseen by S. Also mens rea element of secondary participation - need to intend to assist a crime.
Jogee
Facts: Group went to attack V with a car full of weapons. On seeing V, primary ran him over with the car, killing him. All participants convicted of murder.
Significance: Secondary participation - overwhelming supervening act
Grant
Facts: D gave information enabling a burglary. Repented and spent 2 weeks trying to convince his companion not to go through with it
Significance: Example of defence of withdrawal.
Grundy
Facts: Ds burgled an elderly woman’s home. D1 used knife to cut telephone wires, then handed knife to D2. A neighbour arrived; D1 shouted “let’s go” and jumped out the window. D2 stabbed the woman fatally. Ruled not enough to countermand.
Signficance: Example of failure of withdrawal defence.
Becerra and Cooper
Facts: D was arrested one yard from the door of a post office. Strong evidence he intended to rob the post office. Ruled not more than merely preparatory, as hadn’t entered the place in which he could carry out the offence.
Significance: Attempt crimes begin when you embark on the crime proper.
Campbell
