Property Offences

• Definiton of Theft

  Guilty of theft if they dishonsetly appropriates property belonging to another with the intention of permenatly depriving the other of it
• Mens Rea of Theft - Dishonesty

  Not dishonest if D believes

  • they have a right in law
  • they would have the owner's consent
  • the owner can't be discovered
• Test for Dishonesty

  Ivey - dishonest by the ordinary man, if D appricates their conduct was dishonest
• Actus Reus of theft - appriopration

  Any assumption of the rights of an owner - R v Gomez

  Includes later assuption of rights -
• Actus Reus of theft - Property

  Includes money , real or personal property, things in action and other intaniagble property. Land can't be stolen expect by trustee or tenant. Wild thing can't be stolen unless to be used for commercial purpose
• Actus Reus of theft - belonging to another

  Any person having possession/control/propraietary right or interest - R v Turner

  Received under obligation to retain and deal with in particular way- R v Hall, R v Klienburg+ Marsden

  Property received by mistake, legal obligation to restore it - R v Gilks
• Mens Rea of theft - Intention to permenatly deprive 


  Treat the thing as their own to dispose of regardless of the owners rights, Lloyd - The goodness or practical value must have gone from the property.- DPP v Lavender
• Robbery 


  There must be a competed theft to be robbery R v Robinson

  Jury decides if the acts amount to force R v Dawson+ James
• Force and threat of force

  Force can be used on any person

  Using force to escape is sufficient R v Lockly

  Theft must be a continuing act R v Hale
• Mens Rea for Robbery

  There must be the required mens rea for theft and the intention to use force to steal