🚨Criminal Law: Property offences, fraud, criminal damage,

Question 1

What are the 4 property offences?

Answer 1

Theft (s1 TA 1968)
Robbery (s8 TA 1968)
Burglary (s9 TA 1968)
Aggravated burglary (s10 TA 1968)

Question 2

Theft: type of offence and max penalty

Answer 2

Either way offence, max 7y

Question 3

Theft: AR and MR

Answer 3

AR: Appropriation of property belonging to another
MR: dishonesty coupled with an intention to permanently deprive

Question 4

Is there a difference between ‘theft’ and ‘steal’?

Answer 4

no

Question 5

Theft: what is appropriation?

Answer 5

Any assumption of the rights of an owner

Question 6

Theft: can you appropriate with the consent of the owner?

Answer 6

Yes

Question 7

Theft: can gifts be appropriation?

Answer 7

Yes

Question 8

Theft: what does ‘appropriation’ connote?

Answer 8

A physical act

Question 9

Theft: can you appropriate more than once?

Answer 9

No

Question 10

Theft: what does property include?

Answer 10

• Money: cash
• Real property: land and things attaches or fixed to it
• Personal property: any tangible object that’s not real property
• Things in action: property which cant be touched/felt but can be enforced by a legal action (eg. The credit balance of anothers account/another persons overdraft facility)
  Other intangible property: eg. Patient (not electricity)

Question 11

Theft: does ‘property’ include land?

Answer 11

No, cant steal land or things forming part of land and severed from it by him or by his directions
EXCEPT
1. trustee, PR, attorney, liquidator sells another and appropriates by dealing in breach of confidence
2. when not in possession of the land and appropriate anything forming part of the land by severing it or causing it to be severed, or after it has been severed
3. tenant appropriates whole/part of any fixture or structure let to be used with the land.

Question 12

Theft: are Wild mushrooms, flowers, foliage, wild animals property?

Answer 12

Not unless used for profit

Question 13

Theft: what does ‘belonging to another’ mean?

Answer 13

Where any person has possession, control, any proprietary right or interest in the property in question.

Question 14

Theft: does abandoned property belong to another?

Answer 14

No
BUT case: bag outside charity shop wasn’t abandoned

Question 15

Theft: if given money and Under obligation to deal with property in particular way, does this count as belonging to another?

Answer 15

Yes, eg. given money to give to charity

Question 16

Theft: what is dishonesty?

Answer 16

1. Clear dishonesty (no…)
2. Partial defs, not dishonest if (subjective):
   a. belief in legal right
   b. belief in others consent if known of the circumstances
   c. belief owner cant be found by taking reasonable steps
3. Ivey v Genting Casinos test
   Must:
   a. Ascertain (subjectively) the actual state of Ds knowledge or belief as to the facts
   b. Determine whether his conduct was honest or dishonest by the (objective) standards of ordinary, decent people (D doesn’t have to understand his actions are dishonest)

Question 17

Theft: can you be dishonest if you’re willing to pay?

Answer 17

Yes

Question 18

Theft: when will there be an intention to permanently deprive?

Answer 18

Treats property as own regardless of owners rights

Question 19

Theft: is borrowing an intention to permanently deprive?

Answer 19

No UNLESS borrows in circumstances making it equivalent to an outright taking

Question 20

Robbery: type of offence and max sentence

Answer 20

Indictable only
Max life

Question 21

Robbery: AR and MR

Answer 21

AR: D committed theft
And used or threatened force on any person
Immediately before or at the time of theft
In order to steal

MR: MR of theft
At least be reckless as to the use/threat of force

Question 22

Robbery: how is ‘force’ decided?

Answer 22

Ordinary word, up to jurors to decide in each case if force used/threatened

Question 23

Robbery: is there a distinction between applying force to person or their property?

Answer 23

No

Question 24

Robbery: how is the element ‘Immediately before or at the time of theft’ determined?

Answer 24

Question is whether the appropriation was still continuing at the time the force was used?
Jury to determine

Question 25

Burglary: type of offence and max sentence?

Answer 25

Either way ○ Max 10y for commercial premises ○ Max 14y domestic premises

Question 26

Burglary: different types?

Answer 26

S9(1)(a) Theft Act 1968-enter a building or part of a building as a trespasser with intent to commit theft, GBH or criminal damage. S9(1)(b) Theft Act 1968-having entered a building or part of a building as a trespasser, committing or attempting theft or inflicting or attempting to inflict GBH.

Question 27

Burglary: AR and MR

Answer 27

AR * For both: **Enter** a **building** or part of a building as a **trespasser** * For 9(1)(b) also commit the AR of: Theft, Attempted theft , GBH Attempted GBH MR * For both: know/be reckless that they are a trespasser * For 9(1)(a): Intend to commit: Theft, GBH, Criminal damage At the TIME OF ENTRY * For 9(1)(b): MR for: Theft, Attempted theft, GBH, Attempted GBH

Question 28

Burglary: what must entry be?

Answer 28

Effective and substantial Entry of some part of the defendant’s body into the premises could amount to an effective entry, irrelevant they were not yet in a position to commit a crime

Question 29

Burglary: when will entry of an instrument into the property be sufficient?

Answer 29

Instrument inserted into property to steal (NOT facilitate entry) MAY be considered extension of body.

Question 30

Burglary: what counts as a building?

Answer 30

Structures of a considerable size with some degree of permanence (house, factory, shop, shed, greenhouse, garage) OR inhabited vehicles or vessels (houseboat, caravan, mobile home) NOT temporary structures (tent/marquee)

Question 31

Burglary: how is 'part of a building' determined?

Answer 31

Q of fact for jury to decide: (a) that the management had impliedly prohibited customers entering that area (b) that this particular D knew that

Question 32

# 3 Burglary: what counts as trespass?

Answer 32

1. Entering without consent or permission 2. Entering by deception 3. Entering with the intention of doing something contrary to a general permission to enter can amount to trespass

Question 33

Burglary: can entering a building lawfully THEN after entering forming the intent to do something contrary to general permission be trespass?

Answer 33

No, forming the intention after entering is too late

Question 34

Burglary: for 9(1)(a), WHERE must the D have the intent to commit theft/GBH/crim dam?

Answer 34

Theft/GBH: in THAT part of the building Crim damage: ANY part of the building

Question 35

Aggravated burglary: type of offence

Answer 35

Indictable only

Question 36

Aggravated burglary: elements

Answer 36

Burglary under s9(1)(a) or s9(1)(b) AND at the time D had a weapon

Question 37

Aggravated burglary: what counts as 'at the time' for each offence?

Answer 37

S9(1)(a)-On entry S9(1)(b)-when committing the ulterior offence (theft, gbh,(or attempted))

Question 38

Aggravated burglary: what are the types of 'weapon'?

Answer 38

Weapon of offence Imitation fire arm Fire arm Explosive

Question 39

Aggravated burglary: what counts as a firearm/immitation firearm?

Answer 39

inc. airgun, air pistol, imitation firearm (anything that has appearance of being firearm, whether capable of being discharged or not)

Question 40

Aggravated burglary: what does 'weapon of offence' mean?

Answer 40

Any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him for such use

Question 41

Aggravated burglary: what does 'explosive' mean?

Answer 41

any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person having it with him for that purpose.

Question 42

What are the 3 types of fraud?

Answer 42

Fraud by false representation Fraud by failing to disclose information Fraud by abuse of position

Question 43

AR and MR of Fraud by false representation

Answer 43

AR: Making a representation and that representation is false MR: D is dishonest AND intended, by making the representation, to make a gain for themselves or another, to cause loss to another, or to expose another to a risk of loss AND knows the representation is untrue or misleading

Question 44

Fraud: when is a representation false?

Answer 44

(a) it is untrue or misleading (b) AND the person making it knows that it is, or might be untrue or misleading

Question 45

Fraud: what does 'representation' mean?

Answer 45

Any representation as to fact or law included a representation as to the state of mind of: (a) the person making the representation (b) OR any other person Can be express or implied

Question 46

Fraud: can a representation be made electronically?

Answer 46

representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention)

Question 47

Fraud: what is the test for dishonesty?

Answer 47

Test from theft applies-would behaviour be regarded as dishonest by the ordinary standards of reasonable ppl

Question 48

# Fraud Must there be a causal link between the intended loss/gan and the false representation?

Answer 48

Yes, must be intended causal link (loss/gain must be indented result of false rep).

Question 49

# Fraud What can the 'gain or loss' consist of?

Answer 49

(a) only in **money** or **property**; (b) include any such gain or loss whether temporary or permanent; and ‘property’ means any property whether real or personal (including things in action and other intangible property).

Question 50

# Fraud what does 'gain or loss' mean?

Answer 50

Gain= keeping what one has or getting what one does not have. Loss= not getting what one might getor parting with what one has.

Question 51

AR and MR of fraud by failing to disclose information

Answer 51

AR: Fail to disclose to another person information which they are under a legal duty to disclose. MR: * Dishonesty * Intention, by failing to disclose the information, to make a gain for themselves or another, or to cause loss to another or to expose another to a risk of loss.

Question 52

Fraud by failing to disclose info: when might you be under a 'legal duty' to disclose info?

Answer 52

Contracts

Question 53

AR and MR of fraud by abuse of position

Answer 53

AR: Occupy a position in which they are expected to safeguard, or not to act against, the financial interests of another person Abuse of that position by act or omission MR: * Dishonesty * intend, by means of the abuse of that position, to make a gain for themselves or another, or to cause loss to another or to expose another to a risk of loss

Question 54

AR and MR of simple criminal damage

Answer 54

AR: Damage or destruction of property belonging to another without lawful excuse MR: (a) intend or be reckless as to damage or destruction of property (b) know or be reckless as to whether the property belongs to another.

Question 55

# Criminal damage what counts as 'damage or destruction'?

Answer 55

Impairment of the value or usefulness of property Ask: is expense involved in restoring property?

Question 56

# Criminal damage what counts as property?

Answer 56

of a tangible nature, includes both real (eg land/buildings and personal property. Animals/plants included if tamed/ordinarily kept in captivity

Question 57

# Criminal damage what counts as property 'belonging to another'?

Answer 57

Property shall be treated for the purposes of this Act as belonging to any person— (a) having custody/control of it; (b) having in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest); or (c) having a charge on it

Question 58

# Criminal damage what are the 2 types of lawful excuse?

Answer 58

**a. Honest belief in owner’s consent** 1) Believed they had consent of person who was entitled to give it 2) Believed they had consent of the person who they thought was entitled to give it 3) Believed they would have had consent of the person entitled to give it if they had known of circumstances 4) Believed they would have had the consent of the person who they thought was entitled to give it if that person had known of circumstances **b. Protection of property** 1. Was D’s (real) purpose the protection of property? – objective 2. AND did D honestly believe: (subjective) a. the property was in immediate need of protection b. AND the means adopted were reasonable?

Question 59

# Criminal damage what type of test is the one for honest belief in owners consent (lawful excuse)?

Answer 59

subjective

Question 60

# Criminal damage for lawful excuse, does it matter if the D is intoxicated?

Answer 60

No

Question 61

# Criminal damage for protection of property how to establish whether Ds real objective was the protection of property?

Answer 61

1. Must be satisfied the accused honestly believed their action was protecting/capable of protecting property (subjective). * Must ask: were actions capable of protecting property?(Hunt) * Not actions to remote from the eventual aim of protecting property ( Hill and Hall) 2. Court will then rule as a matter of law whether this amounts to a purpose of protecting property (objective)

Question 62

# Criminal damage for protection of property, how is it established whether the means adopted were reasonable?

Answer 62

D must satisfy court that they honestly believed the damage/destruction was reasonable in the circumstances (subjective)

Question 63

# Criminal damage what type of test is the test for recklessness?

Answer 63

Subjective: if a person honestly (not necessarily reasonably) believed property was their own then they lacked the mens rea

Question 64

AR and MR of aggravated criminal damage

Answer 64

AR (a) Damage or destruction of property belonging to SELF or another MR (b) intend or be reckless as to whether any property is damaged or destroyed. (c ) intend by the destruction of damage to endanger the life of another or be reckless as to whether another's life may be endangered by that damage or destruction.

Question 65

Aggravated crim dam: what must the danger rise from?

Answer 65

The damage not the defendants act that caused the damage

Question 66

AR and MR of simple arson

Answer 66

AR: Damage or destruction of property belonging to another BY FIRE MR: (a) intend or be reckless as to damage or destruction of property BY FIRE (b) know or be reckless as to whether the property belongs to another.

Question 67

AR and MR of aggravated arson

Answer 67

AR: Damage or destruction of property belonging to self or another by fire MR: b) intend or be reckless as to whether any property is damaged or destroyed by fire. (c ) intend by the destruction of damage to endanger the life of another or be reckless as to whether another's life may be endangered by that damage or destruction by fire .

Question 68

Theft: do you intend to permanently deprive if you steal money intending to pay it back?

Answer 68

YES because you cant return the same notes if you spend them