Property offences

Question 1

what act and section is burlary under ?

Answer 1

S9 of the theft act 1968

Question 2

explain S9.1.a

Answer 2

when D enters a building as a tresspasser with intention to steal, inflict GBH or cause damage

Question 3

explain S9.1.b

Answer 3

Once entered the building, D then decides to steal, inflict BH or attempt to steal or inflict GBH

Question 4

What are the 4 areas to burglary ?

Answer 4

1. Entry
2. Building
3. Tresspasser
4. Mens Rea x2

Question 5

explain entry

burglary

Answer 5

to enter a building
‘any insetion of D’s body’

Question 6

Ryan (1996)
head, arm, window

Answer 6

• D had his head and right arm stuck in a window
• Guilty of S9.1.a

entry

Question 7

explain Building

burglary

Answer 7

• a building is fairy perminent and conciderable size
• part - an area of a building where you can’t go
• vehicle/wheels - must be designed for habitation

Question 8

Stevens and Gourlay (1859)
shed, shop

burglary

Answer 8

• d broke into a shed being used as a shop
• judge created the test ‘conciderable size and perminent’
• guilty of S9.1.b

building

Question 9

Walkington (1979)
debhanams, till, money

Answer 9

• D entered debhanams and went behind the till and stole the money
• guilty of S9.1.a

Question 10

explain trespasser

burglary

Answer 10

• D must enter the buildingas a trespasser
• three types
  1. No permission
  2. outside area of permission
  3. exceed permission

Question 11

Collins (1972)
socks, sex, boyfriend

Answer 11

• D was invited into V’s room to have sex as she thought it was her boyfriend. after she realised it wasn’t him and kicked D out
• not guilty

trespasser

Question 12

explain mens rea for burglary

Answer 12

1. D must intend to enter as a trespasser or to be reckless
2. D must intend the final offence

Question 13

what is the definition for robbery

Answer 13

D steals and immediatley before, at the time of doing so, and in order to do so, uses force on any person or seeks to put any person in fear of being subjected to force

Question 14

What are the 5 areas of robbery ?

Answer 14

1. theft
2. force
3. timing
4. purpose
5. mens rea

Question 15

explain theft in context of robbery

Answer 15

all 5 elements of theft need to be established
(appropriation, propery, PBA, dishonesty, ITPD)

Question 16

Corcoron V Anderton
eldery, bag, 2 boys

Answer 16

• an elderly woman restled with her handbag against 2 boys
• guilty

Question 17

explain force

robbery

Answer 17

• the defendant needs to have either threatend force or used force
  1. the force must modify v’s movement
  2. force threat can be against any person
  3. force can apply to a person/property

Question 18

Dawson and James
nudged, pickpocket

Answer 18

• D’s nudged and jostled V in order to pickpocket him
• guilty of robbery as they used foce that modified the V’s movement

Question 19

explain timing

robbery

Answer 19

• the force must be applied immediatly before or at the time of the theft
• the theft is classed as continuing whilst D is still in the building

Question 20

Hale
house, continue, tie

Answer 20

D stole from womens house and used force after (tied her up) still robbery as the force is still continuous as they were still in the building

Question 21

explain purpose

robbery

Answer 21

the purpose of the force/threatend force has to be to steal

Question 22

Donaghy
taxi, london, after

Answer 22

• D made threats to a taxi driver to take him to london. when there he stole money from him
• not guilty of robbery as the threat of force was not to steal, stealing was an afterthought

Question 23

explain the two elements of mens rea in robbery

Answer 23

D must have the:
1. intention to steal
2. intention for the force/threat

Question 24

what act is theft under

Answer 24

S1 of the theft act 1986

Question 25

define theft

Answer 25

dishonest appropriation of property belonging to another with the intention to permanently deprive

Question 26

explain S3 | theft

Answer 26

- appropriation - assumes the rights of the owners - can occur with consent Eg: dont know what they are agreeing to V V, money conset to agreed upon amount

Question 27

what is a bona fider purchaser

Answer 27

innocent party buying stolen goods unknowingly

Question 28

morris

Answer 28

- D swapped labels in a shop on items so he could pay a lower price

Question 29

S4 | theft

Answer 29

- property - 'money and all other items property, real or personal, including things in action and other intangeble property

Question 30

whats not defined as property under S4(3) and S4(4) | theft

Answer 30

information, electricty, wild animals (except if they should be held in captivity), wild flowers

Question 31

oxford v moss

Answer 31

student read the exam paper, gaining information on questions information not classed as property so not guilty

Question 32

S5 | theft

Answer 32

- belonging to another - property belongs to another when they have possesion, ownership and controll of the item - gambling: not legally enforceable so not PBA if kept - abandonded property: lost then can be stolen, abandonded then cant be stolen as it has no owner

Question 33

S5(3) | theft

Answer 33

when you are given money or an item for a specific reason, therefore you have a legal obligation to do as told

Question 34

S5(4) | theft

Answer 34

if D is given the item/moeny by mistake they have a duty to return it as its PBA

Question 35

Turner

Answer 35

takes car to garage for repairs, returns in the night to take it without paying. guility as garage was in PBA until D payed

Question 36

S2 | theft

Answer 36

not dishonest if: - S2.1.a - D thinks they have the legal right to take it -S2.1.b - D thinks the owner would consent to it -S2.1.c - D cant find the owner after taking reasonable steps - barton test: would the ordinary decent person see your actions as dishonest

Question 37

Holden

Answer 37

-S2.1.a - D took scap pieces of tires home from work, accused of theft. Not guilty as everyone took them home so D thought he had the legal right to do so

Question 38

S6 | theft

Answer 38

- intention to permanently deprive - D must have the intention to permenantly deprive - generally - D deprives V of the item forever - Money - D doesn't return exact notes and coins - if borrowed - when returned item is wholly diminished

Question 39

Lloyd

Answer 39

- D takes a film reel home from work and reurns it before next showing - not guilty as it had not wholly diminshed in value