Criminal Law 4 - Property Offences Flashcards
(37 cards)
Definition of theft
S1 TA 1968 - A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving them of it.
Elements of theft
S2 - Dishonesty
S3 - Appropriation
S4 - Property
S5 - Belonging to another
S6 - An intention to permanently deprive
Appropriation (s2)
Assume any right of the owner. Also includes where s(3)(1) that appropriation includes coming by the property without stealing it, but later deals with it as an owner.
Property (s4)
Money and all other property, real or personal, including things in action and other tangible property.
Land (Property exception)
By a trustee in breach of trust.
By a person who is not in possession of the land if they appropriate anything forming part of the land either by severing it or after it has been severed.
By a tenant who takes something fixed to the land they are not supposed to take
What cannot be stolen?
Electricity, confidential information (Oxford v Moss 1979)
Mushrooms, flowers, fruit or foliage
Wild creatures ( not zoos).
Belonging to another s(5)(1) TA 1968
Person has possession, control or any proprietary right or interest in the property in question
Theft of own property?
R v Turner - garage back from car. Garage had possession and control of the car
Obligation to deal with property in a particular way. S(5)(3)
Belongs to another. Under that obligation (R v Wain - Charity).
Abandoned property
Genuinely abandoned, no offence committed
Three situations where D is not dishonest. TA 1968 s2(1)
Has the right in law to property s(2)(1)(a). For example a debt owed.
Owner would have consented s(2)(1)(b)
Owner cannot be discovered by taking reasonable steps s(2)(1)(c)
Note
A person may be dishonest even though they were willing to pay s(2)(2)
Dishonesty (Courts Approach)
Clear dishonesty
TA 1968 s2
Ivery Test
Ivery test
Subjectively - the actual state of D’s knowledge or belief as to the facts.
Objectively - was this conduct honest by the standards of ordinary, decent people.
Intention to permanently deprive
Treating the property as his own, even if intending to return
The standard definition applies as well
R v Lloyd - returning film. All ‘goodness and virtue’ has to be gone.
Definition of robbery. S8 TA 1968
Steals and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in far of being then and there subjected to force
What sort of offence
Unlike theft (either way offence), indictable only.
Components of robbery
- Actus and mens rea of theft
- Defendant uses or threatens force
- Occurs immediately before or at the time of robbery
-Motivation is in order to steal
‘Force’
Question of fact for the jury - R v Dawson.
Violence not required, simple nudging or slight pushing will suffice.
Against whom?
Usually the person whose property it is, but can be against any s8.
Timing of force being used or threatened
Immediately before or at the time.
Can be a continuing act - R v Hale. Shouting threats after a theft.
Definition of burglary
S9(1)(a) - enters any building or part as a tresspasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therin any grievous bodily harm. Or unlawful damage.
S9(1)(b)-
- having entered any building or part as a tresspasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person theirin GBH.
What sort of offence is burglary
Either way. Max sentence of 10, or 14 in burglary of a dwelling.
Difference between A and B
A - thoughts of D’s mind. Must intend - theft, infliction of GBH or criminal damage
B- Actions once inside the property
Commits - theft, infliction of GBH or attempt of GBH
