Property Offences

Question 1

What is the Legal definition of theft?

Answer 1

the dishonest appropriation of property belonging to another, with the intent to permanently deprive

Question 2

What are the steps for theft?

Answer 2

1 - the defendant must “appropriate” the property, meaning they have used it as their own (Morris)

2 - the defendant must have appropriated ‘property’ which count as money, land, belongings or other things of value (s4)

3 - the property taken must ‘belong to another’ when it is taken, meaning it must be in that persons possession (s5)

4 - the defendant must have the intention to permanently deprive the victim of their property (s6) which means they intend to carry out the right of an owner (Lavender)

5 - the taking of the property must be dishonest (s2)

Question 3

What are the maybe cases for step 1 of theft?

Answer 3

Morris - Only one of the rights needs to be assumed
Lawrence - there can be appropriation with consent
Hinks - appropriation can take place even if it seems that the property has been gifted to the defendant
Pitham - putting the property for sale = appropriation

Question 4

What are the maybe cases for step 2 of theft?

Answer 4

Velumyl - taking money but returning the exact coins/notes counts as property
4(3) - foraged items only become property if the defendant intends to make money out of them
Oxford - confidential information isn’t property
Kelly - a corpse is only property if something special has been done to the corpse which gives it value
Welsh - body parts and fluid = property
Marshall - tickets = property

Question 5

What are the maybe cases for step 3 of theft?

Answer 5

5(1) - property need not be taken from its owner directly, just whoever is in possession at the time
AG ref - if you are overpaid, the excess belongs to your payer until it is returned
Turner - you can take your own property from someone who is currently in possession (not paying for car wash)
Webster - duplicate property belongs to the sender
Kelly - a thief is ‘in possession’ of what they have stolen
Davidge - money given to another still belongs to the giver if the money is not spent how they instruct it to be
Woodman - if property is abandoned then no one is in the possession of it as it belongs to no one
Woodman - property can belong to someone even if they do not know it is theirs

Question 6

What are the maybe cases for step 4 of theft?

Answer 6

s6(1) - borrowing someone’s property and using it without permission = intent to permanently deprive
J and others - returning broken property = intent to permanently deprive
Easom - no intention to permanently deprive if the defendant only looks through someone’s items and doesn’t steal anything
Lavender - taking property and moving it count as intention to permanently deprive, even if it is still on the victims land
Ransom principle - asking the victim to pay for their property to be returned is an intent to permanently deprive

Question 7

What are the maybe cases for step 5 of theft?

Answer 7

s2(1) - taking property is not dishonest if you either:
- wrongly think you have legal power of the property
- believe that the other person wouldn’t mind
- find an item and think the owner cannot be found
Small - a ‘genuine’ belief is taken over a reasonable belief, meaning stupid people are helped by this case
Ghosh test - used when none of the above exceptions are present, the test shows:
- would the defendant be regarded as dishonest by the standard of reasonable and honest people?
- and did the defendant realise this?

Question 8

What is the legal definition of robbery?

Answer 8

when the defendant has used or threatened force in order to carry out a theft (Theft Act s8 1968)

Question 9

What are the steps for robbery?

Answer 9

1 - there must be a completed theft (Waters) meaning they must have appropriated property (s3) by treating it as their own in one way (Morris.) The property must also have been appropriated (s4) and it must also belong to another at the time it is taken, meaning it must be in someone’s ‘possession and control’ (s5)

2 - the taking of the property must be dishonest (s2) and the defendant must have a intention to permanently deprive (s6)

3 - the defendant must use or threaten to use force (s8) it is up to the jury to decide whether the force has been used or threatened (Dawson)

4 - the threat/use of force must happen immediately before or at the time of stealing (s8)

5 - there is a connection between the use/threat of force and the stealing (s8)

6 - the defendant must intend to use/threaten force

Question 10

What are the relevant cases for step 1 of robbery?

Answer 10

any relevant cases for the AR section of theft

Question 11

What are the relevant cases for step 2 of robbery?

Answer 11

any relevant cases for the MR section of theft

Question 12

What are the relevant cases for step 3 of robbery?

Answer 12

Dawson - even a gentle nudge can count as force
Clouden - force does not need to directly be applied to the victim
P v DPP - there must be direct contact with the victim
B&R v DPP - the victim does not need to fear the threat for the threat to exist in a legal sense
Bentham - it doesn’t matter if the threat was never real
Corcoran - it doesn’t matter if the force used by the defendant is only temporary

Question 13

What are the relevant cases for step 4 of robbery?

Answer 13

Hale - the defendant can apply force after the theft
Lockley - force can be used after in order to escape
threatening future force does not count

Question 14

What are the relevant cases for step 5 of robbery?

Answer 14

There are none!

Question 15

What are the relevant cases for step 6 of robbery?

Answer 15

Mohan - intended to bring about the prohibited consequence of using/threatening force

Question 16

What is the legal definition of burglary?

Answer 16

s9(1)(a) - when the defendant has entered the property with an ulterior motive but has not carried it out
s9(1)(b) - when the defendant has entered the property with an ulterior motive, and has/attempted it

Question 17

What are the steps for burglary?

Answer 17

1 - the defendant must be inside enough to carry out the ulterior motive (Collins)

2 - the defendant must enter a building or part thereof, defined as something fairly permanent or designed to be lived in (s9(3))

3 - the defendant must not have permission to enter the property thus making them a trespasser (Collins)

4 - the defendant must have basic intent for the act of trespassing

5 - is the defendant liable for section (a) or (b) ? Simply entering with the ulterior motive qualifies the defendant for s9(1)(a) but the question is whether they are then also liable for s9(1)(b) - this requires them to have attempted or carried out GBH or theft

6 - the defendant must have the mens rea for the relevant offence

Question 18

What are the relevant cases for step 1 of burglary?

Answer 18

Ryan - it doesn’t matter if the defendant wasn’t able to commit the crime they intend (got stuck in a window)
Brown - the defendant has ‘entered’ if they are inside enough to carry out the ulterior motive
Common sense - if the defendant has used a fishing rod to take something, they have still ‘entered’

Question 19

What are the relevant cases for step 2 of burglary?

Answer 19

Coleman - houseboats = a building or part thereof
Rodmell - garden sheds are not a building as it is apart of someone’s home
B and S - a 25 foot freezer counted as a ‘building’
Norfolk - a trailer with wheels doesn’t count as a building as it is a vehicle
Walkington - a sectioned off area such as a “staff only” room counts as a ‘building’

Question 20

What are the relevant cases for step 3 of burglary?

Answer 20

R v Collins - cannot be a trespasser if you have been given permission to be there/ invited in
Jones & Smith - you can exceed your permission and become a trespasser

Question 21

What are the relevant cases for step 4 of burglary?

Answer 21

Mohan - if the defendant enters when they know they do not have permission they have direct intent
Cunningham - if they take a risk knowing they might be a trespasser they have reckless intent

Question 22

What are the relevant cases for step 5 of burglary?

Answer 22

s9(1)(a) = entering the property with intent to carry out theft / GBH / criminal damage
s9(1)(b) = entering the property and attempting or carrying out theft / GBH
*if you attempt / carry out criminal damage you are still only liable for s9(1)(a)

Question 23

What are the relevant cases for step 6 of burglary?

Answer 23

Smith - intends “really serious harm” (use for GBH)
Ghosh - dishonesty/intent to permanently deprive (theft)
*any relevant maybe cases from s.18 and theft can be applied to the scenario in this step