Property offences

• Where is robbery contained 


  S8 Theft Act 1968
• What is the definition of robbery

  Steals and immediately before or at the time of doing so they use force on any person or puts any person in fear of being then and there subjected to force
• What is the punishment for robbery

  Maximum is a life sentence
• What is the AR for robbery

  AR for theft + using force or seeking to put someone in fear of force
• What is the MR for robbery

  MR for theft + intention to use force in order to steal
• What is the key case Corcoran V Anderton (Robbery)


  When force is used to steal, the moment theft is completed it becomes a robbery
• What is the key case R V Clouden (robbery)


  The amount of force can be small and force need not be applied
• What is the key case R V Lockley (robbery)


  Using force to escape it constitutes robbery
• What is the key case R V Hale (robbery)


  Force must be used immediately or at the time of the theft
• What is the key case B & R V DPP (robbery)


  Victim doesn’t have to feel threatened, D just has to seek to put V in fear
• Where is theft contained 


  S1 Theft Act 1968
• What is the punishment for theft 


  Maximum 7 years (s7)
• What is the definition of theft 


  Dishonestly appropriating property belonging to another with the intention to permanently deprive the other of it
• What is the key case Ivey V Genting (theft)


  followed 2 stage test for dishonestly (s2)
• What is the key case Barton V Booth (theft)


  2 stage test

  1. actual state of knowledge/ belief to the facts
  2. was the conduct dishonest by standards of ordinary decent people
• What is the key case R v Pitham and Hehl (theft)


  Appropriates (s3)

  an example of an appropriation
• What is the key case R V Morris (theft)


  Doesn’t need to be an appropriation of all of the owners rights
• what is the key case R V Welsh (theft)


  Property (s4)

  example of personal property
• What are non examples of property 


  Wild plants

  wild creatures (excluding zoo animals)
• what is the key case Turner (theft)


  Belonging to another (s5)

  transferred possession
• What is the key case R V Webster (theft)


  If you receive more items that expected you must send the other back as it could constitute theft
• What is the key case R V Lloyd (theft)


  Permanently deprive the other of it (s6)

  borrowing or lending until the goodness is gone
• What is the key case R V Easom (theft)


  conditional intent
• Where is burglary contained 


  S9 Theft Act 1968
• What are the punishments for burglary 


  domestic = 14 years

  non-domesti = 10 years
• What is the definition for section 9 (1) (a) burglary 


  entering a building or part of a building with intent to commit theft, ABH, GBH or criminal damage
• What is the definition for section 9 (1) (b) burglary 


  Having entered a building as a trespasser then decide to steal or attempt to steal or inflict GBH
• What is the MR for 9 (1) (a) burglary

  1. Knowing or being subjectively reckless as to whether they’re trespassing
  2. intention to commit theft, GBH or criminal damage at the time of entering
• What is the MR for 9 (1) (b) burglary

  1. knowing or being subjectively reckless as to whether they are trespassing
  2. having the MR for theft or GBH when committing the offence
• What is the key case R V Walkington (burglary)


  2nd stage

  defines building or part of a building
• What is the key case R V Smith & Jones (burglary)


  3rd stage

  if you go beyond permission allowed somewhere you can be considered a trespasser
• What is the key case R v Brown + R v Ryan (burglary)


  1st stage

  entry must be ‘effective entry’

  evidence for entry must be sufficient