Studied by 4 people
Actus reus
The guilty act, the physical aspect of an act
Mens rea
Guilty mind, the intention
Actus reus of theft
Appropriation
Property
Belonging to another
Mens rea for theft
Dishonesty
Intention to permanently deprive
Section 2 of theft act
Dishonesty
Section 3 of theft act
Appropriation
Section 4 of theft act
Property
Section 5 of theft act
Belonging to another
Section 6 of theft act
Intention to permanently deprive the other of it
What is section 3, Appropriation of the theft act
Using or assuming any of the owners rights of something that does not belong to you, covers situations where the defendant has come across the property innocently and later assumes any rights of the owner
What is section 5, belonging to another of the theft act
Property shall be regarded as belonging to any person having possession or control of it, or having in it any propriety right or interest
What is section 6, intention to permanently deprive the other of it of the theft act
Treat the property as their own to dispose of without regard to the rights of the owner
Borrowing or lending is equivalent to an outright taking or disposal
Obiter dicta (obiter dictum)
Things said by the way
Do not form part of the decision, doesnât have precedential value and is not binding on other courts
Section 7 of the theft act
A person is guilty of theft shall on conviction on indictment be liable to imprisonment for a term not exceeding seven years
Section 8 of the theft act 1968
Guilty of he steals and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force
Actus reus of robbery
Use/ threat of force on a person
Force immediately before or during the theft
Mens rea of Robbery
Intent/reckless as to use of force
Force used in order to steal
Define robbery
Act of taking property from another person / presence of another person by force / threat of force
Force
Used against a person. Doesnât need to be a large amount of force- jury decision-
Sentence for robbery
Seven years
Threat of force
Threat of force doesnât need to be carried out
Robbery: immediately before or at the time
Force has to be used immediately before the theft, or during the same action. If after it would be theft plus another offence
Robbery: on any person
Doesnât need to be the person whoâs property is stolen
Robbery: In order to do so
Force need to be used for the stealing. Not enough if force used after
In order to do so cases
R v Lockley
R v Hale
On any person case
Smith v Desmond 1965
Theft mens Rea case
R v Robinson 1977
Theft actus reus
R v Robinson 1977
Corcoran v Aderton 1980
What needs to be proved, in full before we can consider robbery
Theft taken place
What extra is needed to allow us to consider Robbery
Force used
When does the force need to be used
Before or during
Does the threat of force need to be carried out
No
Does the victim of the force need to be the same person who so the victim of theft
No it can be anyone near that was affected due to force as it inflicts fear
What does the force need to help accomplish
Has to help carry out theft
Section 9 of the theft act 1968
Guilty of burglary:
Enters a building or part of a building as a trespasser and with intent to steal, commit GBH or do unlawful damage
Enter a building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person there in any previous GBH
Actus reus for burglary
Entry
Trespasser
Building or part of a building
Entry
Enter a building by just part of the body
Entry cases
R v Ryan 1996
R v Brown 1985
Trespasser
In a building legitimately but then become a trespasser when they exceed their permission by doing something they werenât invited to
Trespasser cases
R v Jones & Smith (1976)
R v Collins (1972)
Building or part of a building
Building should be reasonably permanent and includes outbuildings: sheds, garages or greenhouses
Building may also include: inhabited vehicles, vessels, caravans
What is section 2 of Fraud
Fraud by false representation
Whatâs the sentencing for Fraud
Triable and max of 10 years
How can someone breach section 2 of Fraud
Dishonestly makes a false representation
Intends by making the representation: to make a gain , cause a loss and expose another to a risk of loss
How can a representation be false in Fraud
Untrue or misleading
Knows that it is or might be
What is representation
Representation as to fact or law including a representation as to the state of mind of - the person making the representation or by any other
Express representations
Words or actions to make a false representation
Implied representation
Getting into a taxi, booking a holiday or hotel room. It is implied that someone will pay for the goods of the service. Using a cheque or debit card implies that the person has funds to pay for the goods
Four area which need to be considered in determining if the offence has been made
Make a false representation
Dishonesty
Knowing that the representation was or might be untrue or misleading
With the intent to make a gain for himself or another, to cause loss to another or to expose another to risk of loss
Actus reus to determine of fraud is made
Make a false representation
Mens Rea to determine if fraud is made
Dishonesty
Knowing that the representation was or might be untrue or misleading
Intent to make a gain for himself or another, to cause a loss to another or to expose another to risk of loss
Criminal Damage section 1 of the Criminal Damage 1971
S1 (1) basic offence of criminal damage
S1(2) aggravated criminal damage, basic added amount of endangering life
S1(3) Arson
S1(4) aggravated arson
Acrid reus of simple criminal damage
Destroy or damage
Property
Belonging to another
Simple criminal damage definition
A person is guilty of criminal damage if they intentionally or recklessly destroy or damage property belonging to another without lawful excuse
Simple criminal damage
Jury decide whether the property is damaged and the extend of the damage
Temporary and can be fixed not prevent conviction but the cost and effort needed to restore
Damage can be permanent or temporary impairment effect value and usefulness of the property
Note
Flashcard