Unit 4

Theft

s.1 Theft Act 1968 - dishonestly appropriates property with the intention to permanently deprive

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Appropriate

Appropriate any of the owners rights (Morris), can be done with consent (Lawrence), accepting gift can be appropriation, can be later appropration (e.g. keeping property without stealing it)

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Property

Can be personal property and money, not enough to just be infomation (Oxford v Moss)

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Belonging to another

Possession or control, proprietary interest, can steal own property if someone has temporary control (Turner)

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Dishonesty

D is not dishonest when they believe they have legal right to property, the owner would consent, or the owner cannot be found. Otherwise the Ghosh test applies

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Ghosh test

Would a reasonable and honest person regard D's conduct as dishonest, and would D realise he would be dishonest by this standard

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Intention to permanently deprive

Borrowing is therefore not theft, but it is theft if someone returns something not in it's orginal state (Lloyd)

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Robbery

s.8 Theft Act - stealing with use or threat of force during or immediately before stealing and in order to steal. All five elements of theft must be proven, force alone is not sufficient for robbery (Robinson). Force is up to jury to decide (Clouden)

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Robbery pt.2

No requirement that D escapes with property (Corcocan), appropriation can be a continuing act so if force is used during appropriation D may be liable for robbery (Hale)

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Burglary s.9(1)(a)

Entering a building or part of a building as a trespasser with intent to steal anything inside, commit GBH or commit unlawful damage

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Burglary s.9(1)(b)

having entered a building as a trespasser, D goes on to steal or attempts to do so, or commits/attempts GBH

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Entry of building

Up to jury to decide, need not be effective or substantial (Ryan), building can be a room or part of building (Walkington)

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Trespassing

D may trespass if he is on another's property without permission and knows that he does not have permission to be there (Collins), D may trespass if he exceeds consent to be on the property (Jones and Smith)

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Blackmail

s21 Theft Act D makes an unwarranted demand with menaces with an intention to make a gain or cause a loss UNLESS he believes he had reasonable grounds for making the demand and honestly believed his use of menaces was a proper means of enforcing dema

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Demand

Ordinary word defined by jury (Treacy) as is menaces (Lawrence and Pomroy) but no offence unless someone of normal stability would be affected (Clear test), trivial threats are not blackmail (Harry)

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Making off without payment

s.3 Theft Act, D dishonestly makes off knowing that payment on the spot is expected or required for goods or services done, without having paid and intent to permanently avoid payment (Allen, McDavitt)

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Criminal damage and arson

Without lawful excuse intentionally or recklessly damaging or destroying property belonging to another

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Damage

Putting the owner at expense to clean or repair property (Roe v Kingerlee) or impairing usefulness of the property (Morphitis)

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Lawful excuse

Lawful excuse available if D honestly believed in the owner's consent (Denton) or believed it was in immediate need of protection (Hunt)

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Aggravated CD/arson

Basic offence plus intention or reckless to endanger life by the damage (Steer), endangering life is not actually required (Sanga), CD by fire is arson

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Fraud by false rep

s.2 Fraud Act 2006 - D dishonestly makes false rep and intends by making false rep to make a gain for himself or loss for another

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Representation

May be as to fact, law, state of mind, can be express or implied (Barnard) and includes representations to machines

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False

Untrue or misleading

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Gain/loss s.5

Must be of money or property, the gain or loss does not actually have to happen provided it was intended

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Obtaining services dishonestly

s.11 Fraud Act, requires gain or loss to occur, must dishonestly obtain a service for himself or another without paying the full price knowing payment was required and not intending to pay either in full or in part

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Duress

Can be of threats or circumstance, D's will to resist must be overborne so D has no alternative but to commit offence, available to all except murder/attempted,

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Threats

May be made to D or people that D feels responsible for, must be of death or serious injury (Valderama), must be imminent but not neccess immediate (Abdul-Hussain), D must take opportunity to escape

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Graham test

D must have genuinely believed that he had good cause to fear death or serious injury

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Bowen

If a sober person of reasonable firmness sharing D's characteristics would have resisted then defence fails

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Voluntary association

If D voluntarily places himself in a situation where threats of violence are likely then defence fails (Sharp), doesn't apply if gang was not known to be violent (Shepherd), self induced duress where D could have forseen threats of violence

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Self defence

Entitled to use force to protect themself or another, can be pre-emptive, must be neccessary and reasonable force (Clegg), but can be mistaken (Williams) cannot be intoxicated mistake (O'Grady)

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Get Revising

Unit 4

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