Property offences

Appropriation of property

D has assumed a right of the owner intentionally

Consent and theft

Consent irrelevant eg. D liable for theft by touching property even if V consents to this

Only relevant whereby an informed transaction occurs

Bona fide exception

If A acquires property from B in good faith, but B has stolen it from C, A will not be liable for appropriating property

A may be liable for handling stolen goods etc.

Money property

All currency

Real property

Land or anything fixed to land. Only 3 things qualify for theft:

-D is trustee of property who disposes of it for their own advantage

-D takes flowers or crops from land

-Tenant appropriates fixture or structure

Personal property

Anything not real property

Includes illegal items eg drugs

Things in action property

Lacks physical existence eg debts, patents

Exceptions to theft

1. Land

2. Wild flowers and mushrooms

3. Wild animals

4. Electricity (s.13)

5. Confidential information

6. Services (s.11 Fraud Act)

7. Human bodies/ parts

Stealing already stolen property

Both can be held for theft

Being in possession or control

D can be legal owner of property, but if property is given voluntarily to V, D liable for theft as V is in possession or control of property

V may not intend to use property again, but they still own property

Abandoned/ lost property

Abandoned: V is indifferent to what becomes of it. Rubbish doesn’t count: V intends for it to be disposed of

Lost: Belongs to owner unless reasonable steps taken fail to find owner

The ivey test

1. What was D’s state of mind with regard to the facts

2. Was D’s actions dishonest in eyes of ordinary person

No dishonesty mens rea

1. D believed they had a legal right to property

2. D believed V would have consented

3. D found abandoned property and honestly believed the owner could not be found after reasonable steps

Intention to permanently deprive

Ulterior intent sufficient for liability

When D intends to ransom it back, still liable

Also applies when property is given back, but is damaged

Robbery

1. Intentional theft

2. Intentionally using force or fear of force

3. Against any person

4. Immediately before or at time of theft

Burglary

1. Entry

2. Into building (excludes uninhabited/ eg tents)

3. As a trespasser

4. Intentionally or recklessly

5. With intent to steal, cause GBH or criminal damage

6. And commit one of these offences

Aggravated burglary

Burglary with a weapon