Property Offences Cases: Theft, Robbery, Burglary, Fraud

Question 1

• R v Lawrence AC 626

Answer 1

o Context: A key case on the element of “appropriation” in Theft.
o Principle/Details: Held that appropriation can take place even where the owner consents to the taking of the property. A taxi driver dishonestly took more money than the correct fare from a tourist’s purse, who had allowed him to take the fare from it. This was still held to be an appropriation

Question 2

• Ivey v Genting Casinos (UK) Ltd. trading as Crockfords UKSC 67

Answer 2

o Context: Provides the current two-stage test for assessing “dishonesty,” a key element of Theft and other property offences like Fraud and Robbery.
o Principle/Details: The test requires the jury to first decide what the defendant genuinely believed the facts to be. Second, the jury must decide whether the defendant’s conduct, based on those believed facts, was dishonest by the standards of ordinary decent people. (This replaced the previous two-stage Ghosh test).

Question 6

• R v Walkington 2 All ER 716

Answer 6

o Context: Explains what constitutes entering a “part of a building” as a trespasser for Burglary under s.9(1)(a) of the Theft Act 1968.
o Principle/Details: Held that a defendant can be guilty of burglary if they have permission to be in one part of a building (like a shop) but enter another part as a trespasser (like the counter area), intending to commit a crime.

Question 7

• R v Collins QB 100

Answer 7

o Context: A key case defining trespass for the purposes of Burglary.
o Principle/Details: Entry is not trespass if it is lawful, even if obtained under a misapprehension by the occupant. The defendant was invited into the building by the occupant who mistakenly believed he was her boyfriend; his entry was held to be lawful, so he was not guilty of burglary.

Question 8

• R v Rai Crim LR 192

Answer 8

o Context: Illustrates the offence of Fraud by failing to disclose information under the Fraud Act 2006.
o Principle/Details: This offence applies when the defendant dishonestly fails to disclose information they are under a legal duty to disclose, intending to make a gain or cause a loss. The case involved a defendant who failed to disclose that his elderly mother had died when applying for a grant for a downstairs bathroom for her.