Property Offences

• Robbery (1)

  D can be charged with robbery in relation to _

  Robbery is defined under section 8 of the Theft Act 1968 as when 'D steals and immediately before or at the time of stealing uses force or puts any person in fear of being subjected to some force'

  Robbery is aggravated theft so theft must be proven Robinson

  D commits theft when he takes/sells/pockets _ so Theft is complete.
• Robbery (2)


  The moment theft is complete and force is used it becomes robbery Corcoran V Anderton. He must use force or a threat of force. Force can be minimal as in Dawson V James. It must be

  > used on any person Clouden

  > it has to happen 'immediately before or at the time of stealing'

  > it must be used in order to steal

  If all elements are complete he will have the AR for Robbery.

  It is irrelevant if the D gets away with the property Corcoran V Anderton.
• Robbery (3)


  MR of Robbery is that of theft and the intent to use force to steal.

  It is/ is not clear that he _ the V in order to get the item. It is likely therefore that the D will/ will not be found liable for robbery
• Theft (1)


  D could be charged with the theft of _. Defined under S1(1) of the Theft Act 1968 as the dishonest appropriation of property belonging to another with the intention to permanently deprive the other.

  S3 - any assumption of the rights of the owner amounts to an appropriation. Morns shows an assumption of some of owners rights is an appropriation. This includes selling/ destroying or damaging. Appropriation can happen with the V's consent, Hinks.

  Here D appropriated _ when he _, section 3 therefore is complete.
• Theft (2)

  S4 includes all property, real and personal, including other intangible property. Here the (property) is (personal/property/real).
• Theft (3)

  S5(1) is wide enough that property can belong to more than one person. Can belong to those who own, possess or control it, Turner No.2

  S5(3) states if a person receives property from another and obligated to deal with it in a particular way, property belongs to another. Shown in Re Kumar.

  S5(4) states if a person receive money by mistake, and is obliged to return it they will be guilty of theft as long as all other elements are present. AG’s Ref (No1 of 1983) police officer obliged to return money accidentally paid.

  Section 5 is complete, which means the AR is complete.
• Theft (4) 


  Mr of theft dealt with next. Dishonesty dealt with in s.2, where it doesnt state what is dishonest but what would not be considered hishonest behaviour.

  > s2(1)(a) D believes they have a legal right to deprive property Holden

  > s2(1)(b) D believes V would not have consented to appropriation

  > s2(1)(c) D believes that the owner of the property cannot be found, having taken reasonable steps to find them Small.

  
  

  Ivey V genting casinos used if these dont work. it asks; what was the D's knowledge of the facts? was this dishonest according to the ordinary and decent person?
• Theft (5)

  Where D doesnt intend for V to regain their property, they will found to have intention to permanently deprive, as set out in s1(1).

  However intention to permanently deprive can still be proven under s6(1). This is where the D doesn't intend for the V to never regain their property, yet treats property as his own regardless of the owners rights Marshall > s6(1) D borrows for long time it becomes outright taking, removing goodness and virtue of property Llyod

  > harsh view on D's who remove money and promise to repay later and dont Velumyl

  S6(1) complete as AR & MR complete.
• Burglary (1)

  D can be charged with burglary.

  There are two types: s9(1)(a) Theft act 1968 'a person is guilty of burglary if he enters a building or part of a building as a trespasser with intent to steal, inflict GBH or do unlawful damage' / s9(1)(b) ' a person is guilty if having entered a building as a trespasser, he steals or attempts to steal anything in the building or inflicts or attempts to inflic GBH on any person'
• Burglary (2)

  Common AR elements are 'entry of a building or part of a building as a trespasser'

  Entry means part of the body must enter the building, Ryan.

  A person is trespassing if they don't have permission to be there.

  A building is a permanent structure and can be a dwelling place (house) or a non-dwelling place (shed/freezer) Leathley. In Walkington what counted as building was a question for the jury.
• Burglary (3)

  Common MR elements are the D must know or be subjectively reckless as to whether he is trespassing, Collins.
• Burglary (4)

  Key difference: 9(1)(a) intention for ulterior offence = before or at time of entering whereas 9(1)(b) MR formed when inside the building.

  (b) must prove D actually committed or attempted to commit one of the ulterior offences Jones V Smith
• Burglary (5) - apply

  D could be charged under s9(1)(a). He 'enters part of a building when he walks into the_

  He is a trespasser because _ so D goes beyond permission and becomes a trespasser Jones V Smith.

  He would know he is trespassing as _.

  He forms MR for one of the ulterior offences before he enters this part of the building as_.
• Burglary (6) - apply

  IF RELEVANT: this could be seen as conditional intent Easom which is enough for burglary s9(1)(a). It is irrelevant that he goes onto actually comitting the offence.

  However, because he goes onto steal he may be liable for s9(1)(b) as the AR requires him to attempt to steal or go onto steal.

  He forms intent to steal _ once inside the room when he _.

  IF RELEVANT: could be liable for 9(1)(b) on basis of GBH = serious harm and _ would qualify. He must form MR for GBH when in room - intent or subjective recklessness as to some harm for s.20