Theft offences Flashcards
(10 cards)
Simple theft - What is the AR?
Taking/ appropriating someone else’s property.
Even if they want to sell it etc. Simply taking someone else’s property knowing that it is someone else’s. Depriving someone else of the rights they are entitled to over an object.
Wild plants will not count as property. However if they have been picked to be sold, then it is theft.
Simple theft - What is the MR?
Dishonesty and intention to deprive someone else permanently of their property.
When is someone taking someone else’s property NOT DISHONEST? And therefore, not theft?
Must be genuine and honest belief. It is okay if D’s acts were silly as long as he was honest and genuine.
When:
- That person truly believed that they are legally entitled to deprive the other person of their property.
- That the person who is being deprived would have consented or beleiving that they had consented.
- Where D had believed that there is no real owner to the property after they had taken steps to ascertain whether it belonged to someone else.
If the above NON-DISHONEST scenarios do not apply, what is the 2 limb test that you will use to see if theft has occured?
- Wht was D’s knowledge and beiiefs
- Would the reaonable man have done what D did with that knowledge and beliefs?
Robbery - what is the AR?
Theft + use/ threat of force on ANY PERSON (immediately before or at the time theft is occuring). D must intend to out V in fear. Test? Has V apprehended any force?
Threat can also be used against someone other than V.
Robbery - what is the MR?
The MR of theft - Dishonesty and intention to deprive someone else permanently of their property.
Burglary - what is the AR?
D must enter the building with no permission. They must be trespassing.
Burglary - what is the MR?
Recklessness or intentionally entering a building WITH THE INTENTION TO (1) STEAL (2) INFLICT GBH (3) COMMIT CRIMINAL DAMAGE. No need for D to be successful in achieving any of these.
If they do end up stealing - it is the intention or dishonesty in wanting to permanently deprive V.
IF THEFT OCCURS, MR DOES NOT NEED TO BE PROVED.
Conditional intent to do either of the 3 works also
What is aggravated burglary?
Doing burglary with firearms or some weapon. It needs to be used or intended to be used at the time of burglary. Even screwdrivers count if they are intended to be used for this purpose (aka harming someone).
What is burglary with intent?
Burglary but D knows what specifically they want to steal from the house.
