Criminal Law - Offences under the Theft Act 1968

Question 1

Theft

Answer 1

s.1 Theft Act 1968

Actus reus: Appropriation of another belonging to another

Mens rea: Dishonesty and intention to permanently deprive

Question 2

Appropriation

Answer 2

• Assuming at least one of the rights of the owner (e.g. touching someone’s bag in an attempt to steal it)
• If perpetrator did not have the mens rea at the time of appropriation there is no theft - however, once they realise the appropriation and do nothing about it they form the mens rea

Question 3

Property

Answer 3

• Defendant must appropriate property to be guilty of theft
• Includes money, intangible property (e.g. copyrights and electronic transfers), real property (land), personal property (includes illegal drugs)
• Property does not include corpses but does include body parts

Question 4

Belonging to Another

Answer 4

• Means that another has possession or control over it
• Property can belong to more than one person at the same time (possible for a defendant to steal his own property)
• Abandoned property: belongs to owner until adopted by intended recipient (e.g. rubbish collected by bin men)
• Lost property: hierarchy of possible claimants. True owner, finder (if on the land) or landowner (if attached to the land)

Question 5

Mens Rea

Answer 5

Dishonesty

Dishonest by the objective standards of reasonable and honest people (irrelevant whether defendant themselves considers their conduct dishonest)

Three situations where defendant will be presumed to be acting honestly:

• If they believe they are entitled to the property in law; or
• If they believe they would have the owner’s consent; or
• If they believe they could not find the true owner by taking reasonable steps

May have a later appropriation if person realises any of the above is not true

Intention to permanently deprive

• Treating property as own regardless of true owner’s rights
• Borrowing or lending if equivalent to outright taking or disposal

The defendant must have the intention at the time of the appropriation

Gambling with the victim’s property or removing value from it will be sufficient for theft

Question 6

Robbery

Answer 6

• All of the elements of theft must be made out
• s.8 Theft Act 1968
• Commit theft and immediately before / at the same time they use force or put or seek to put victim in fear of then-and-there being subjected to force in order to steal

Question 7

Force

Answer 7

• Infliction of force
• Causing apprehension of force
• Seeking to cause apprehension of force
• Comes before / at the time of theft
• Used in order to steal

Question 8

Mens Rea: Robbery

Answer 8

Same as for theft but force must also be used in order to steal

Question 9

Burglary

Answer 9

• s.9 Theft Act 1968

Common elements of burglary

• Entry (does not need to be substantial or effective, can be with any part of the body)
• Building or part of a building (there must be some degree of permanence. Includes inhabited vessels or vehicles)
• As trespasser (in the building without permission or in excess of permission)
• Knowingly or recklessly (must know they are a trespasser)

Question 10

Burglary under s.9(1)(a) of Theft Act 1968: Burglary by Trespass with Intent

Answer 10

Requires the common elements of burglary with the intention to commit one of the following:

• Theft; or
• GBH; or
• Criminal damage

Intention must be at the time of entry as a trespasser - defendant need not actually go on to commit the offence

Question 11

Burglary under s.9(1)(b) of Theft Act 1968: Burglary by Offence Following Trespassory Entry

Answer 11

Requires common elements of burglary as well as the following

After entering the defendant:

• Commits or attempts theft; or
• Commits or attempts GBH

The defendant need not trespass with the intention, the prosecution must prove that after entering the building as a trespasser the defendant stole/attempted to steal or committed GBH/attempted to commit GBH

Question 12

Differences between s.9(1)(a) and (1)(b)

Answer 12

• s.9(1)(a): committed at the time of entry
• s.9(1)(b): comitted at the time of the underlying offence
• s.9(1)(a): includes criminal damage
• s.9(1)(b): does not include criminal damage but includes attempted versions of the other two offences

Question 13

Aggravated Burglary

Answer 13

s.10 Theft Act 1968

Commits burglary and at the time of the burglary they have in their possession:

• Firearm or imitation firearm (includes airgun)
• Weapon of offence (made or adapted to cause injury or intended by the defendant to be used as such)
• Explosive (manufactured to create an explosion or intended by the defendant to explode)

s.9(1)(a): needs to have weapon at time of entry
s.9(1)(b): needs to have weapon at the time of comitting underlying offence

No mens rea attached to weapon - no requirement for intention to use weapon