Unit 3 Topic C

Actus reus

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, doesn’t 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. Doesn’t need to be a large amount of force- jury decision-

Sentence for robbery

Seven years

Threat of force

Threat of force doesn’t 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

Doesn’t need to be the person who’s 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 weren’t 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

What’s 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