property offences

Question 1

s.1 Theft Act 1968

Answer 1

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

Question 2

s.2 Dishonest

Answer 2

DISHONESTY: The Theft Act does not define dishonesty but laid down circumstances
under S.2 where the defendant would not be dishonest:
a) Where he believes that he has legal right to deprive the other of the property.
b) Where he believes that the owner would have allowed him to have the property in
the circumstances.
c) He believes that the true owner cannot be found by taking reasonable steps.

Question 3

s.3 Approporiation

Answer 3

‘any assumption of the rights of the owner’
R v Pitham and Hehl- sold furniture that belonged to another person
R v Morris - switching labels
R v Lawrence- taxi drivers taking more money than he should have done

Question 4

Consent without deception- the problem of gifts

Answer 4

R v Hinks -It has been firmly
established by common law that any consent of an owner, obtained with or without
deception, will still prove appropriation has taken place.

Question 5

s.4 Property

Answer 5

-“money and all other property real or personal, including things in action and other intangible property”
-s.4.3:
wild plants, fruit and mushrooms
Exception: Cultivated plants

wild animals
Exception: Wild animals cannot be stolen unless held in captivity

R v Kelly and Lindsay
-body parts
-HELD: Although body parts are not usually classed as property, they
would be if they had acquired ‘different attributes by virtue of the
application of skills such as dissection.’ Therefore the body parts were
classed as property.

R v Oxford and Moss
D was a university student who acquired knowledge of questions on an exam paper
HELD: Knowledge of the questions on an examination paper was held not to be
property.

Question 6

s.5 Belonging to another

Answer 6

“property shall be regarded as belonging to any person as having possession or control of it, or
having in it any propriety right or interest”
-Property belongs to another when it is under the ownership, possession or control of
another person.

R v Turner
took his own car back after it had been in the garage
Held:the car was in possession and control of the garage so it was property belonging to another. Therefore, D was guilty of stealing his own car.

Question 7

s.5(3) - Legal obligation to deal with property in a specific way

Answer 7

Where property (usually money) is handed to another on the basis that they will deal with
the property in a particular way (a legal obligation) it is still considered as being property belonging to the original owner.

Davidge v Bunnet - money to pay for bills but spent it on Christmas presents

Question 8

s.5(4) - mistake

Answer 8

1. Goods obtained by mistake where extra change is given after a sale
   - the buyer is under a legal obligation to return the extra money, keeping it performs an act of appropriation ( R v Gilks)
2. Under a contract of employment where extra money is given by wage or salary.
   - if retained there will be an act of appropriation
   - AG’s Ref No1 1983- overpaid by employers

• Ownerless property:Property is only abandoned where the owner is indifferent as the future appropriation of the goods.

R v Basildon Magistrates Court (2010)- charity shop donations belonged to the charity shop rather than the owner

Question 9

s.6 Intent to permanently Deprive

Answer 9

DISHONESTY: The Theft Act does not define dishonesty but laid down circumstances
under S.2 where the defendant would not be dishonest:
a) Where he believes that he has legal right to deprive the other of the property.
b) Where he believes that the owner would have allowed him to have the property in
the circumstances.
c) He believes that the true owner cannot be found by taking reasonable steps.

Question 10

R v Holden

Answer 10

• theft of scrap tires
  HELD: D was not dishonest as he believed he had a legal right to take the tyres

Question 11

R v Small

Answer 11

-took a car as he believed it has been abandoned
HELD: D was not dishonest as he believed the car was in fact abandoned and
he could not trace the owner.

Question 12

Barton and Booth 2020

Answer 12

The case of Burton and Booth clarified the matter. The test was set in Ivey v Genting
1. What was the defendant’s actual state of knowledge or belief as to the facts?
2. Was his conduct dishonest by the standard of the ordinary decent person?
test for dishonesty , after R v Gosh

Question 13

Intention to permanently deprive

Answer 13

Must exist at the time of appropriation
-unauthorised borrowing is not usually theft
MONEY: if money is borrowed, the owner is deprived of the exact notes and coins.

Question 14

R v Velumyl

Answer 14

HELD: The Court of Appeal upheld his conviction for theft as he had the
intention of permanently depriving the company of the exact banknotes and
coins
Borrowed property: This is only theft if the property has ‘wholly diminished in value so
all goodness and virtue have gone.’

Question 15

R v Lloyd

Answer 15

-copied a film onto a tape
D lacked the intent to deprive as the film had not wholly diminished in value.The film could still be shown to the public

Question 16

Conditional Intent

Answer 16

• where D picks up an item to see if it is with stealing and then returns it if they decide it isn’t worth it
• cannot be seen that the D had the intention to permanently deprive

Question 17

R v Easom

Answer 17

The defendant picked up a handbag in a cinema, rummaged
through the contents and then replaced the handbag without
taking anything.
HELD: Conviction for theft was quashed. There was no evidence that the defendant had intended to permanently deprive the owner of the bag or items in it so he could not be guilty of theft.

Question 18

Robbery

Answer 18

s.8 Theft Act 1968
‘A person is guilty of robbery if he steals, and immediately before or at the time of doing so, he uses force on any person or puts or seeks to put any person in fear of being subjected to force.’
-theft must be established before there is a robbery.

Question 19

AR of elements of Robbery

Answer 19

1.Theft
2. Force or threat of force
3.On any person
4. ‘Immediately before or at the time of doing so’(stealing)
5.In order to do so (steal)

Question 20

1. Steals (theft appropriation of property belonging to another)

Answer 20

• there is no requirement that the D succeeds in getting away with the property
  Cochran v Anderton

Question 21

2. Force of threat of force

Answer 21

• can be small and the force does not need to be applied directly to the V and can be applied to the property.
  R v Dawson and James- wallet
  R v Clouden- bag
  P v DPP-cigarette

Threat of force:
-s.8 the D must put the V in fear of force there and then
- need not to be aware, if they are aware- be fearful
-threat of force not not the be real
(R v Bentham)- threat of a gun with his fingers

Question 22

3. On any person

Answer 22

• in most cases, the one who the force is used upon is the one who the robbery is committed against
• the person who the force is threatened upon does not have to be the person who is stolen from

Question 23

4. Immediately before or at the time of doing so

Answer 23

This requires deciding when a theft is completed
(R v Hale)

Question 24

5. In order to do so (steal)

Answer 24

-the use of threat of force must be used in order to steal

Question 25

Burglary

Answer 25

s.9(1)(a) s.9(1)(b)

Question 26

s.9(1)(a)

Answer 26

D enters any building or part of a building as a trespasser with the intent to commit theft, GBH or unlawful damage

Question 27

s.9(1)(b)

Answer 27

Having entered any building or part of a building as a trespasser, D steals or attempts to steal, or inflicts GBH or attempts to inflict GBH.

Question 28

1. Entry

Answer 28

R v Brown- 'entry was said to mean an effective entry' R v Ryan- a partial entry is enough to amount to entry. If a defendant puts any part of their body within the building, this can amount to burglary.

Question 29

2. Building

Answer 29

- has a sense of permanence - 'inhabited vehicles or vessels' - need not be inhabited: garages, sheds, and outbuildings

Question 30

B&S & Leathley

Answer 30

freezer container used in a farmyard as a storage facility for two years -had a locking door and electricity -held to be a building

Question 31

Part of a building

Answer 31

Used to cover situations where D has permission to be in one part of the building (therefore not a trespasser) but ventures into another part where there is no permission. - R v Walkington

Question 32

3.Trespass

Answer 32

1. Enters without permission to be there; or, 2. Having permission ventures into a prohibited area; or, 3. Exceeds his permission to be in the building and uses it for another purpose. - R v Collins

Question 33

Going beyond permission

Answer 33

- R v Smith & Jones Held: The CA quashed the conviction as there was no evidence that Collins was a trespasser; the girl had invited him into the bedroom.

Question 34

Mens Rea

Answer 34

1. Intention or subjectively reckless as to whether they are trespassing 2. Intention for the final offence i.e. theft, GBH or criminal damage

Question 35

s.9(1)(a)

Answer 35

MR is complete on entry if they have intention for the trespass and intention to complete the final offence.

Question 36

s.9(1)(b)

Answer 36

The intention to trespass initially takes place, which is followed with the intent to steal or cause GBH inside the building whilst they are committing or attempting to commit that offence.

Question 37

Conditional Intent

Answer 37

This is enough mens rea for burglary. E.g., Breaking into a property with the intent to steal anything of value as seen in: AG's Ref no1&no2 1979- Held: The trial judge was wrong; the defendant will still be guilty of burglary if they enter a building or part of a building with the intent to steal only if there is something worth stealing.