offences against property

• theft is defined

  s.1 theft act 1968
• theft AR 1

  s.3(1) appropriation

  'any assumption of the rights of the owner'

  (morris) - assumption of one right is enough

  appropriation takes place at point of keeping or dealing

  offering property for sale - (pitham and hehl)

  price switching - (morris)

  valid gift - (hinks)
• theft AR 2

  s.4 property

  money

  real

  personal

  things in action

  intangible

  s.4(2) land can be stolen when:

  someone not in possession severs something from it

  s.4(3) wild plants can't be stolen unless taken for commercial purpose

  s.4(4) wild animals can't be stolen unless tamed
• theft AR 3

  s.5 belonging to another

  s.5(1) belonging to a person having possession or control - (turner no2)

  exceptions to possession and control rule:

  s.5(3) property received under obligation - (David v bunnett)

  s.5(4) property received by mistake
• theft MR 1

  s.2 dishonesty

  s.2(1) not dishonest if:

  believed he has right in law to deprive - (Robinson)

  believed he would have had owner's consent - (holden)

  believed true owner couldn't be discovered - (small)
• dishonesty Ivey test


  what was actual state of d's knowledge

  was d's conduct dishonest, according to ordinary standards of reasonable and honest person
• theft MR 2

  s.6 intention to permanently deprive

  'treat things as their own to dispose of regardless of the other's rights' - (lavender)

  borrowing or lending can be IPD if for a period and in circumstances equivalent to an outright taking

  goodness or practical value gone - (lloyd)

  intention to abandon - (Mitchell)
• attempted theft


  cannot be theft - (easom)
• robbery defined

  s.8 theft act 1968
• robbery definition

  guilty of robbery if 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 seeks to put any person in fear of being then and there subjected to force
• robbery AR 1

  theft with use of threat or force

  element of theft missing = not convicted for robbery

  lacked dishonesty - (Robinson)

  no IPD - (zerei)
• robbery AR 2

  jury decide whether acts were force

  jury should use ordinary meaning of word - (Dawson)

  threshold set quite low - (clouden)

  must be more than taking from a passive victim - (Monaghan and Monaghan)
• robbery AR 3

  on any person

  doesn't need to include owner of property - (smith v Desmond)

  force can be applied to property and/or victim - (p v dpp)
• robbery AR 4

  immediately before, at the time or after theft

  continuing act - (hale)

  use force to escape - (Lockley)

  no requirement that v is scared of force - (b and r v dpp)

  threats of future force don't suffice - (kahn)
• robbery 5

  must be in order to steal

  force used for another purpose not robbery even if d later decides to steal - (vinall)
• robbery MR

  need mr for theft plus intention to use force to steal/seek to put in fear of force being used - (Forrester)
• burglary defined

  s.9(1)(a) and (b) theft act 1968
• s.9(1)(a) burglary meaning

  d enters building as a trespasser with intention to commit theft, gbh or criminal damage
• s.9(1)(a) burglary AR

  enters building as a trespasser
• s.9(1)(a) burglary MR

  knowing or reckless to being a trespasser

  intention to steal, commit gbh or criminal damage
• s.9(1)(b) burglary definition

  enter building as trespasser and actually committing or attempting theft or gbh
• s.9(1)(b) burglary AR

  enter building as trespasser

  commit or attempt theft or gbh
• s.9(1)(b) burglary MR

  knowing or reckless to being a trespasser

  intention to steal or commit gbh
• burglary element 1

  entry

  doesn't need to be effective - (Ryan)

  use of instrument while outside amounts to entry
• burglary element 2

  building or part of building

  building = any structure with air or permanency and must be actively occupied

  house boats - (Coleman)

  garden shed - (rodmell)

  area behind counter of shop - (walkington)
• burglary element 3

  trespasser - (collins)

  doesn't have owner's consent to be in building

  has permission to go in one part but goes in another

  has permission for one purpose but uses another