AQA Law 04- Offences against Property

Theft: 

S1 of the Theft Act 1968: Dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.

AR:

• Appropriation (S3): When they assume the right of the owner- Pitham v Hehl. It can be the assumption of any of the rights- Morris. Consent to the appropriation- Lawrence. Implied consent (taking things off a shelf in a shop)- Gomez. Consent without deception- Hinks. Keeping: borrowing an item but later deciding to keep it. Dealing: borrowing an item but then selling/ lending it out as if it's yours.
• Property (S4): includes money, personal, real property including things in action and other intangible property. Personal- Kelly and Lindsay. Exceptions: Knowledge- Oxford v Moss, Wild plants and animals and electricity- S4 (3 and 4)
• Belonging to another (S5): considered to belong to you if you have possession or control of the item- Turner No2. Under an obligation you must complete the obligation- Davidge v Bannett. If given property under a mistake you must make a restoration- A-G reference No1 of 1983.

MR:

• Dishonestly (S2): If you have the AR you have been dishonest. Exceptions: S2(1a)- has the right to deprive the other of it. S2(1b)- would have consent if the other knew of the approriation. S(1c)- the owner can't be discovered after taking reasonable steps. S2(2)- it irrelevant that they are willing to pay, it's still an appropriation.
• Ghosh Test: test for dishonesty: Was the act dishonest according to the ordinary standards of reasonable and honest people? Did D realise this?
• Intention to permanently Deprive (S6): Normally there's no doubt- Velumyl. D destroys property- Lavender. Borrowing/lending- Lloyd.

Robbery:

S8 of the Theft Act 1968- if he steals and immediately before or in doing so and in order to steal, he uses force on any person or puts someone in fear of being subjected to force.

AR:

• There must be a completed theft- Robinson. Corcoran v Anderton.
• Force or threat of force- Dawson and James. V doesn't have to be afraid- B+R v DPP. It doesn't have to be aimed at V.
• Immediately before or at the time of the theft- decision is up to jury.
• When is the theft complete? Hale- completed when he left the house. Lockley- When he left the shop.
• The force must be used in order to steal.

MR:

• The MR for theft- Dishonest and intention to permanently deprive.
• Must also intend to use force to steal.

Burglary:

S9 of the Theft Act 1968:

S9(1a) if he enters any building or part of a building as a trespasser with intent to steal, inflict GBH or do unlawful damage.

S9(1b) if having entered a building or part of a building as a trespasser, he steals or attempts to steal or inflicts or attempts to inflict GBH.

AR:

• Entry: Ryan = any entry
• Building: Includes houses, flats, offices etc. B+S v Leathley- Freezer container = building. Seekings and Gould- Lorry trailer isn't a building.
• Part of a building: he has permission to enter the building but…