Theft

Question 1

S1 theft act

Answer 1

D must appropriate property belonging to another. D must have been dishonest in his appropriation and must have had the intention to permanently deprive another person of that property.

Question 2

What is the definition of appropriation?

Answer 2

Appropriation is defined in S3 of the theft act and appropriation is dealing with the property as though you were the owner. Merely touching is not appropriation. No need for physical appropriation - R v Pitham and invitation to purchase victims furniture was equivalent to appropriation. Appropriation can occur if Def comes about the property lawfully but then decides to keep it. A bona fide purchaser (buying stolen goods) will not be considered as appropriating the property if they were not aware it was stolen.

Question 3

What are the elements required for someone to be guilty of robbery?

Answer 3

The offence of robbery in s 8 Theft Act 1968 can be broken down into 5 elements:-
- D must commit a theft
- D must use force, or the fear of force, on any person
-D must use force, or the fear of force, immediately before or at the time of stealing
- the force, or fear of force, must be used in order to steal
- D must have intended to use force in order to steal

Question 4

Burglary

Answer 4

The offence of burglary is concerned with criminal trespass and is charged contrary to S9 Theft Act 1968 and can be committed in 2 ways
S9 (1)a) - d must enter a building
- entry must be of a building or part of a building
- d must be a trespasser when he enters
- d must have necessary intention or recklessness as to being a trespasser
- d must intend to commit one of the ulterior offences
S9(1)b - same as above but D does commit one of the ulterior offences