Offences against Property

What’s the introduction Paragraph for theft?

Prima facie, the D could be criminally liable for the offence of theft [state what’s been taken]. Theft is defined under s1 Theft Act 1968 as “ dishonest appropriating property belonging to another with the intention of permanently depriving the other of it”.

The AR is set out in section 3-5 and the MR in sections 2 and 6

what’s the appropriate paragraph for theft?

firstly, the D must have appropriated the property. This is defined in S3 (1) as “ any assumption of the rights of the owner” and can take many forms such as consuming, possessing/using, lending/hiring, selling or destroying. From the case of R v Morris the D does not need to assume all of the right of the owner, one right is sufficient.

Key cases:

• Selling property- R v Pittham and Hehl

• Consent with deception- R v Gomez

• Consent without deception- R v Hinks

What is the property Paragraph for theft?R v predetermined

S(4) states that property “ includes money and all other property real or personal including things in action and other intangible property”.

Key cases:

• Money R v Velumyl

• Real property- S4 (2) a person can’t steal land unless:

  → a trustee who takes land in breach of his duty to look after it for someone

  → if someone takes up/removes part of land

  → if a tenant (who’s renting land) takes a fixture from land they’re renting

• Personal property- anything that is tangible R v Lindsay and Kelly

• Things in action- something with no physical value but is valuable based on the rights of the owner has R v Preddy

• Intangible property- property that doesn’t physically exist Oxford v Moss

• S4 (3)- wildflowers, fruit or foliage can’t be stolen unless it is for the purpose of selling them

• S4 (4)- wild animals cannot be stolen unless the aim is to tame them and sell them as property

what is the paragraph for belonging to another for theft?

The appropriate property must belong to another. Under S5 (1) “ property shall be regarded as belonging to any person having possession or control of it or having any proprietary rights or interest”.

Relevant cases:

• Possession or control of property- R v Turner

• Proprietary right or interests- R v Marshall

• Property which appears to be abandoned- R v Rostron

• Property received under obligation- Davidge v Bunett

• Property received by mistake- AG Ref no1

What is the MR paragraph of dishonesty for theft?

The MR of that would now need to be considered. Firstly, S2 of the theft act doesn’t give a definition for dishonesty but does provide 3 honest exceptions when the D would not have been acting dishonestly. S2 (1)(a) the D has an honest belief that they have a right in law to deprive the other of the property R v Robinson. S2 (1)(b) the D had an honest belief that The V would have consented if they knew of the appropriation and the circumstances R v Flynn or S2 (1)(C) the D had an honest belief that the person to whom the property belongs to cannot be discovered by taking reasonable steps R v Small

APPLY

If none of the honest exceptions apply then as confirmed in R v Barton and Booth the IVEY test should be applied;

• Was the defendants conduct dishonest according to the standards of ordinary and reasonable people?

What’s the permanently deprived Paragraph for theft?

Finally, it must be proven that the D this honestly appropriated with the intention of permanently depriving them of it. S6 (1) state that this intention can be found when someone treat the property as their own to dispose of DPP V Lavender

Relevant cases :

• swapping- R v Velumyl

• Borrowing- R v LLoyd

• Not permanently deprived- doesn’t matter if the D doesn’t actually permanently deprive the victim of the property as long as they intended to R v Vinall/ R v Fernandez

• Conditional Intent- R v Easom

What is the conclusion Paragraph for theft?

in conclusion, the D will/will not be found guilty of theft. If convicted, as theft is a tribal either way offence, the D could face up to a maximum of seven years imprisonment as stated in S7

ROBBERY

What’s the introduction paragraph for robbery?

Prima facie, the D, state name, may be liable for robbery contrary to s.8 Theft Act 1968, which states “a person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, puts or seeks to put any person in fear of being then and there subjected to force”. Here, D has [brief explanation of what’s happened]

Theft AR paragraph for robbery?

To be guilty of robbery, there must have been a completed theft committed by the D R v Robinson

Theft is defined under s.1 Theft Act 1968 as “dishonestly appropriating property, belonging to another, with the IPD the other of it”.

The AR is set out in s.3-s.5. Firstly, it must be proven that the D has appropriated (s3) the property. Here, [state how property has been appropriated (consuming, possessing/using, lending/hiring, selling or destroying)]. It must also be considered property (s4). Here, [state type of property (money, real, personal, intangible, things in action)]. The property must have belonged to another (s5). Here, the property belonged to [state name] as they had [state type of ownership (possession/control, proprietary right/interest, abondened, received under obligation/by mistake)].

What’s the force/ threat of force paragraph for robbery?

Next, to satisfy robbery the question of force against the person must be established. Case law suggests that this can be minimal but it might be sufficient to be noticeable and it is a matter for the jury to decide. In Dawson and James a nudge was sufficient, in R v Clouden force that was directed to a handbag was sufficient. The person threatened also does not need to be the person from whom the the theft occurs nor does the V need to be scared B & R v DPP.

Force can be actual force, or it can be the threat of force which can spoken or implied (gestures) as illustrated in R v Bentham.

What’s the time frame of force AND connection between force and theft paragraph?

The next element of robbery is that the threat or threat of force must be used immediately before or at the time of the theft. The courts can regard this as a continuing act as in R v Lockley.

[APPLY- when was the force used, consider is could be continuing act AND make the connection that the force was in order to commit the theft]

What’s the MR paragraph of theft for robbery?

The next thing to consider is MR. Firstly, MR of theft must be established, which is set out in s2 and s6 of the Theft Act 1968. Dishonesty (s2) must be considered. Here, [state if any of the honest exceptions apply]. Would the D be dishonest based off the standards of the ordinary honest person. It must be proven that D had IPD (s6). Here, [explain if D does or doesn’t have IPD]

What’s the MR paragraph for intention to use/ threaten force?

Finally, the D must have also intended to use the force, meaning they had sim, purpose and desire R v Mohan

What’s the conclusion paragraph for Robbery?

In conclusion, the D will/will not be found liable of robbery. As robbery is an indictable offence, the case will be heard in the Crown Court, where the d could face a maximum sentence of life imprisonment.

BURGLARY

what’s the introduction paragraph for Burglary?

Prima Facie, the D could be charged with the offence of burglary under Section 9 Theft Act 1968 for [Apply to Scenario]

There are 3 elements to the AR of burglary; enters, a building/ part of a building and as a trespasser.

What’s the “Enter” paragraph for burglary?

The first element of AR is enters/entry. The question of what amounts to “entry” was originally considered in collins as “effective and substantial” It was then adapted in Brown where it was decided that entry did not need to be substantial, only “effective. The later case of Ryan has confirmed that the term entry should be given its ordinary meaning and is a matter for the jury to decide.

[APPLY- In this scenario, the D entered (state where he entered)as…]

What’s the Building/ Part of a building paragraph for Burglary?

D must have entered a building or part of a building. A building is defined in Stevens v Gould as a ‘structure of considerable size… intending to be permanent’. S.9(4) of the Theft Act 1968 gives an extended meaning to the word building so that it includes inhabited places such as houseboats or caravans and the case of R v Rodmell illustrates that a shed can also be included.

[APPLY- Check if B&S v Leathey 1979 and Seekingd and Gould are relevant to the scenario, ie if has wheels not a building]

[If appropriate explain relevance of ‘part’ of a building- R v Walkington]

What’s the Trespasser paragraph for Burglary?

The D must have entered the building/ part of a building as a trespasser. This means entering without permission or entering unlawfully. If a person has permission to enter then they not a trespasser R v Collins

[Consider if exceeded permission R v Smith and Jones or if only had permission for limited time/purpose]

What’s the summarised AR paragraph for Theft/ Burglary/ attempted theft/GBH?

THEFT: The AR is set out in s.3-s.5. Firstly, it must be proven that the D has appropriated (s3) the property. Here, [state how property has been appropriated (consuming, possessing/using, lending/hiring, selling or destroying)]. It must also be considered property (s4). Here, [state type of property (money, real, personal, intangible, things in action)]. The property must have belonged to another (s5). Here, the property belonged to [state name] as they had [state type of ownership (possession/control, proprietary right/interest, abomdened, received under obligation/by mistake)].

GBH: D has committed a GBH under s.9(1)(b). Firstly, we must prove it was unlawful, meaning there was no lawful excuse (self defence R v Clegg). Here, [APPLY]. The infliction of GBH must also be proven. It is defined as really serious harm (DPP v Smith). Here, [APPLY]

ATTEMPTS: For an attempted [state whether theft or GBH], the D must have committed an act that proved they were merely preparatory to [Theft/GBH] (AG Ref No.1 of 1992) Here, [APPLY]

What’s the MR paragraph for Intention/ Recklessness to trespass?

MR must also be established.

Firstly, it needs to be decided if there was intentional or reckless trespassing; R v Collins. Intentional trespassing is where the D knew they were a trespasser and did not have permission whereas reckless trespassing is where there was a risk the defendant could be a trespasser and not have permission but proceeded anyway.

[APPLY whether D knew they were trespassing or there was a risk]

What’s the MR paragraph for s9(1)(a)?

Under s9(1)(a) “ a person is guilty of burglary if he enters any building/ part of a building as a trespasser with the intention to steal, inflict GBH or commit criminal damage.”

The issue as to whether the D is guilty of s9(1)(a) is determined by whether they intended, at the time of entry to commit any of the s9(2) offences although it is irrelevant whether they do go on to commit those offences.

[If appropriate, consider conditional intent AG Ref No.1 & 2 of 1979]

What’s the MR paragraph for s9(1)(b)?

Under s9(1)(b), “a person is guilty of burglary if, having entered any building or part of building as a trespasser, he steals or attempts to steal or inflicts/ attempts to inflict GBH.

For s9(1)(b), the D doesn’t commit burglary unless, having entered, they actually do then go on to commit, or attempt to commit either Theft or GBH.

[APPLY]

What’s the conclusion paragraph for burglary?

In conclusion, the D is/ is not guilty of burglary under s9(1)(a)/ s9(1)(b). Burglary is a triable either way offence so as it has taken place in [state if dwelling or not], the max sentence that D could be given would be 14 or 10 years.