Offences against the property Flashcards
(24 cards)
Theft Definition
guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.
AR of Theft
Theft is established by proving: the appropriation, of property, belonging to another.
Theft Appropriation 1st part of test
Appropriation - any assumption of the rights of the owner.
R v Morris - Switching price labels was held to be an appropriation.
Theft Property 2nd part of test
Theft con only occur if the object in question in recognised as property. E.G: Money, personal property.
Theft Belonging 3rd part of test
The property must belong to another, meaning it is in someone else’s possession or control. (R v Turner) - man stole his own car from a garage.
MR of Theft
Mr of Theft is established by proving Dishonesty and Intention to permanently deprive
Theft Dishonesty 4th part of test
Ivey v Genting Casinos Sets out the modern test - what was the D’s actual knowledge or belief as to the facts? Was the Conduct dishonest by the standards of ordinary decent members of society?
Theft Intention to permanently deprive 5th part of test
- D must treat the item as their own.
- not intend to return it
Robbery Definition
‘A person is guilty of robbery if he steals, and immediately before or of 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 fear of of being then and there subjected to force.’
Robbery a completed Theft 1st part of the test
All elements of theft must be present R v Robinson - if there is no theft there is no robbery
Robbery Use or threat of force 2nd part of the test
There must be actual force or a threat of force on any person. (R v Dawson and Jam) - jostling the V to help steal his wallet was sufficient.
Robbery Force was on threatened immediately before or of the time of the theft. 3rd part of the test.
The force met must be closely connected in time to the theft.
(R v Hale) - Can he a continuing act, tying up V after taking his property.
Robbery Force was used in order to steal 4th part of the test
The purpose of the foree must be to enable or assist the theft
Burglary (1)(a) Definition
“Enters a building or part of a building as a trespasser
with intent to steal, inflict GBH, or do unlawful damage.”
Burglary (1)(a) AR 1st part of the test Entry
actual entry is not required partial entry is sufficient.
(R v Ryan) - entry was effective even though the D was stuck.
Burglary (1)(a) AR 2nd part of the test Building of part of a building
“part of building” includes areas the person has no permission to enter.
Burglary (1)(a) AR 3rd part of the test As a Trespasser
no permission or legal right to enter that area.
(R v Walkington) - D not allowed in the staff only till area. (trespasser)
Burglary (1)(a) MR Knowledge or recklessness as to trespassing 1st part of the test
The D must know or he is reckless to the fact they’re trespassing.
Burglary (1)(a) MR intent on entry to commit one of the ulterior crimes 2nd part of the test
- Theft, GBH or criminal damage
- This intent must exist at the time of entry.
Burglary (1)(b) Definition
“Having entered any building or part of a building as a trespasser, steals or attempts to steal, or inflicts or attempts to inflict GBH.”
Burglary (1)(b) AR
- Entry as a trespasser
- Then commits or attempts to commit
Theft
GBH
Burglary (1)(b) MR
Mens Rea for the final offence (theft or GBH)
- Knowledge or recklessness as to trespassing.
Burglary (1)(b) Key differences
- Robbery (1)(a) – Where force is actually used on a person.
- Robbery (1)(b) – Where the defendant puts or seeks to put a person in fear of force.
- Main difference – s8(1)(a) involves physical contact, while s8(1)(b) involves threat or attempted fear without actual force.