Criminal Law 5 - Property Offences COPY COPY Flashcards
What are the elements that make up a theft offence?
Actus Reus:
- appropriation of property belonging to another
Mens Rea:
- dishonestly with
- intention to permanently deprive
What is ‘appropriation’ for theft?
- assumption of rights of the owner, even if they don’t intend to permanently depirve
- Includes later appropriation after getting property without stealing
What are the cases for appropriation?
- swapping labels = assumption of right of owner
- D got electrical store manager to accept stolen cheques = appropriation is an action
- D befriended man of limited intelligence who gifted D £60k = appropriation can take place with consent
What if goods acquired in good faith and then later realises it was stolen but does not return goods?
there’s a statutory defence
How is ‘property’ defined for a theft offence?
tangible including money
What exceptions are there to the ‘property’ definition for a theft offence?
- Land: but not if sell more than entitled
- Wild mushrooms, flowers, fruits & foliage: but not if picked for purpose of rewarding or commercial purposes
- Wild Animals: but not if tamed, those kept in captivity and in course of being reduced into possession
- abandoned property
What is the definition of ‘belonging to another’ for a theft offence?
possession or control by someone else
- If property given for a particular purpose, it still belongs to another - person is under a legal obligation to use it in that way, even in domestic/social situations
- If obtained property by mistake, must restore it
- Can steal your own property
What are the cases for ‘belonging to another’ for a theft offence?
- binned goods still belong to the householder
- golf balls were not abandoned
- factory owners put up fence around factory meaning that they controlled scrap metal even if didn’t know about it.
- gold bracelet in BA lounge was not in BA’s possession or control (but could have been with signage).
- own car at a garage can be stolen
What are the cases for ‘belonging to another’ for cash given for a purpose?
- Travel agent not expected to keep cash separate so no theft
- HMO payments to tenant to pay bills used for Christmas was theft
- timeshare promised money would be safeguarded - promise meant that they were under an obligation to deal with the money in a particular way
Is holding on to money paid to you by mistake theft?
Yes
What is the test for ‘dishonesty’ for a theft offence?
- What was D’s knowledge and belief as to the facts?
- Given that, was D dishonest by standards of ordinary decent people?
Looking for their genuine belief, not if it was reasonable or not
Dishonesty must be formed at time goods belonged to another
When will a D not be held as acting dishonestly for a theft offence?
- Right in law to deprive the other of property
- other would have consented if they knew
- Person to whom the property belongs can’t be discovered
What is the meaning of ‘intention to permanently deprive’?
Includes, to
- dispose of (e.g. rendering property useless, using for ransom),
- risks its loss, and
- more than ‘dealing with’ it
Still intention where they aim to replace it with equivalent property e.g. notes and coins
What elements make up a robbery offence?
Actus Reus:
- actus reus of theft;
- use or threat of force
- immediately before or at the time of stealing
Mens Rea:
- mens rea of theft;
- intent to use force to steal
