Booklet 2: Criminal Law- Property offences

Theft, Robbery, Burglary

Section 1 of the theft act 1968:

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

Section 2 of Theft Act: (explanation)

DISHONESTY

S2.1.a D believes he has a legal right to the property.

S2.1.b D believes that the owner would consent.

S2.1.c D believes that the owner couldn’t be found by taking reasonable steps.

S2 of Theft Act: Test for dishonesty

Barton Test- tested against the ordinary decent person

S2 of theft act: both case studies

Holden: took a few old tires home, employer tried to prosecute him. Not Guilty as he wasn’t dishonest under S2.1.a and S2.1.b.

Barton and Booth: Ran a private care home, manipulated and took their property. Guilty of theft.

Section 3 of Theft Act: Explanation

APPROPRIATION

Occurs when the defendant assumes the rights of the owner. S3(1) can occur with consent e.g hire purchases and S3(2) a bona fida purchaser which means in good faith.

S3 of theft act: case study

Morris- D swapped labels in a shop. Guilty of theft as he appropriated when he swapped the labels.

S4 of theft act : explanation and exclusions

PROPERTY

‘’Money and all other property, real or personal, including things in action and other intangible property”

Exceptions: 4(3) wildflowers or follage

4(4) wild creatures

Section 4 theft act - case study

Oxford and moss- broke into exams office, memorised answers then left. Information is not property for the purpose of the Theft Act

Section 5 of Theft Act- explanation

BELONGING TO ANOTHER

Ownership, possession and control.

S5 of Theft Act: specific subsections

S5(3)- If D is given property for a specific reason he must use it for that reason.

S5(4)- If D is given the item by mistake then they have a duty to return it.

S5 of Theft Act: Case Studies

Turner: Gave car to garage overnight, retrieved car without consent. Held guilty as it is belonged to the garage temporarily and they had the possession and control.

Ricketts: D raided charity bin and sold items. It wasn’t abandoned property because it was left with intent. Held guilty as property wasn’t abandoned and owner could be reasonably found.

S6 of Theft Act: Explanations

INTENTION TO PERMANENTLY DEPRIVE

D deprives V of the item forever. Money has to be returned in exact notes and coins. If borrowed then it has been wholly diminished(reduced in value).

S6 of theft act: Case studies

Lloyd: Took a cinema movie roll overnight. Not guilty of theft as property hadn’t wholly diminished in value.

Velumyl: Lent money to a friend, friend returned after the weekend. Guilty of theft because he had ITPD by not returning the exact notes and coins.

What is S8 of the Theft Act? and the subsections to establish?

ROBBERY.

Theft, force, timing, purpose, mens rea.

Theft in Robbery: explanation and case study

All elements of theft have to be established for a robbery

Corcoron v Anderton: Two D mugged a lady, tried stealing a bag but dropped it at the end. Held Guilty of robbery as there was completed theft at the time of the force.

Force in Robbery: explanation and case study

Force must have modified the Vs movements.

Dawson and James: D nudged lady so J could nab her wallet. Guilty of robbery as all force counts as a modification of the Vs movements.

Timing in Robbery: explanation and case study

Force must be immediately before or the time of theft.

Hale: D stole from Vs house, V came home as D attempted leaving and tied V up. Guilty of robbery, theft is a continuing act therefore still taking place.

Purpose for Robbery: explanation and case study

The purpose of the force has to be to steal only.

Donaghy: threatened taxi driver to take D to London, then stole money at destination. Not G of robbery as threat wasn’t to steal.

Mens Rea for Robbery: requirements

D must have intent to steal and the intent for the force.

What is under S9 of the Theft Act?

BURGLARY

“entering a building as a trespasser” with mens rea.

Entry for Burglary: explanation and case study

Entry is defined as “any insertion of Ds body”.

Ryan: Tried to steal but got his head and arm stuck in the window. Still guilty as it is any insertion of the body.

Building for Burglary: explanation and case study

Building is defined as “ fairly permanent and of considerable size and designed for habitation”

Stevens and Gourlay: Guilty of burglary as a small shed selling sweets still counts as a building.

Trespass for Burglary: explanation and case study

Trespasser if you have: no permission at all, permission but ventures somewhere prohibited or permission but exceeds it.

Collins: Drunk, climbs up a ladder to a womans room, had sex with her, realised it was her boyfriend and kicked D out. NG as she invited him in so no burglary because no trespassing.

Mens Rea requirements for Burglary

D must have intention to or recklessness to enter as a trespasser and intent for the final offence.

Two Types of Mens Rea for Burglary

9.1.a which is where D enters with the intent to steal, GBH or cause criminal damage.

9.1.b is where the intent to steal or GBH develops inside the building.