Property Offences

Theft

 

  •      1(1) of the Theft Act 1968:

 

“A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and ‘thief’ and ‘steal’ shall be construed accordingly”.

 

Actus Reus of Theft

 

  1. A) The appropriation of
  2. B) Property
  3. C) Belonging to another

 

Common law exceptions:

 

  •  Electricity – not property
  •  Services – Failure to pay for a service is not theft. Instead it is a fraud offence.
  •  Information

 

Mens Rea

 

The mens rea of theft is

 

1) Dishonest appropriation

2) Intention to permanently deprive

 

The new “Ivey test”:

 

  • A) What was the actual state of D’s knowledge or belief as to the facts?

B) In the context of (A), was D’s conduct dishonest by the standards of ordinary decent people?

  • Intention to permanently deprive
  • Replacing with similar property: 
  • Removing value from the property
  • Abandoning the property:
  • Conditional intent is now sufficient for theft

 

Relevant case law:

 

R v Morris, Anderton v Burnside [1983] 3 WLR 697

 

Lawrence v MPC [1972] AC 626

 

Oxford v Moss [1979] 68 Cr App Rep 183

 

R v Marshall, Coombes & Eren [1998] 2 Cr App R 282

 

R v Hall [1973] 1 QB 496

 

R v Velumyl [1989] Crim LR 29

 

R v Gosh [1982] 3 WLR 110

 

Ivey v Genting Casinos UKSC [2017]

 

 

Robbery

 

  •      8(1) of the Theft Act 1968:

 

  •      A person is guilty of robbery if he steals, and immediately before or at the time of doing so and in order to so, he used force on any person or puts or seeks to put any person in fear of being then and there subjected to force.

 

Theft + force of threat of force = robbery

 

Relevant case law:

 

R v James [1997] EWCA Crim 718

 

R v Dawson and James [1976] 64 Cr App R 150

 

P v DPP [2012] EWHC 1657

 

R v Khan [2001] EWCA Crim 486

 

 

Burglary

 

s.9 of the Theft Act 1968: Two types of burglary

 

Actus Reus

 

  •      Entering a building or any part of a building as a trespasser.

 

Mens Rea

 

  •     There are two elements for the mens rea of both s.9(1) and s.9(2) offences:
  •     Intention or recklessness as to the trespass
  •     Intention to commit the ulterior offence

 

Relevant case law:

 

R v Brown [1985] Crim LR 212

 

R v Walkington [1979] 1 WLR 1169