Offences Against Property NO CASES for Q

Page 1

Theft s.1 THEFT ACT 1968

Actus Reus

s.3 - Appropriation

Has D assumed any of the rights of the owner? _ _ _ _ _ _

Did V consent to D taking the property? _ _ _ _ _

Was the property a gift? _ _ _ _ _

s.4 Property

s.4 (1) Was it money, real, personal, intangible or a thing in action?

Were the mushrooms, flowers, foliage taken for sale, rewards or commercial use? s.4 (3)

Was the personal property body parts? _ _ _ _ _/_ _ _/ _ _ _ _ _ _ _

Were the wild animals tamed? s.4 (4)

s.5 Belonging to another

Did V have possession or control or a proprietary right or interest in the property? s.5 (1)

Was D's own property under someones else's control? _ _ _ _ _ _ (_ _._)

Did V know the property was there? _ _ _ _ _ _ _

Was the money handed to D for a particular purpose? _ _ _ _ _ _ _ v _ _ _ _ _ _ _ OR _ _ _ _

Was the property received by mistake? Was there a legal duty to return it? _ _ _ _ _ _ _ _/ _ _ _ _ _ _ _' _/ _ _ _ _ _ _ _ _ _ (_ _. 1/ _ _/ 1983)

Has the property been abandoned?

Mens Rea

S.2 Dishonesty

No definition

Do the negative definitions apply?

Does D believe he has a right in law to deprive the other of it? s.2 (1) (a)

Does D believe he would have the other's permission if he knew the circumstances? s.2 (1) (b)

Does D believe the person to whom the property belongs cannot be found by taking reasonable steps? s.2 (1) (c)

Was the belief genuine? _ _ _ _ _

Does the _ _ _ _ _ test for dishonesty need to be used and does it apply?

Does the jury think D was dishonest by the standards of an ordinary honest person?

Does the jury think D would have foreseen his actions being dishonest by these standards?

s.6 Intention to permanently deprive

Did D pick up property, change his mind and put it back again? _ _ _ _ _ _ _

Was it returned without it's goodness, virtue and practical value? _ _ _ _ _

Did they borrow money for so long it became an outright taking?

Did they intend to dispose regardless of the other's rights but not intend to permanently deprive? s.6

Did they intend to sell the property back to V? _ _ _ v _ _ _ _ _ _ _ _

Page 2

Robbery s.8 THEFT ACT 1968

Actus Reus

Are all the elements of theft present?

Dishonest

Appropriation - as soon as this is complete, it is a robbery: _ _ _ _ _ _ _ _ v _ _ _ _ _ _ _ _

Property

Belonging to another

Intention to permanently deprive

Was force used immediately before or at the time of the theft? Appropriation continuing: _ _ _ _

Would the jury consider the appropriation still continuing?

Was the force used on any person in order to steal? It can be small: _ _ _ _ _ _/ _ _ _/ _ _ _ _ _

Was it threatened on any person? _ v _ _ _

Was that person the person from which the theft occurred? _ _ _ _

Mens Rea

Dis D have the mens rea of theft?

Did D intend to use or threaten force in order to steal?

Did D seek to put V in fear of force? Can prosecution prove D intended V to apprehend that force may be used in order to steal? _/ _ _ _/ _ v _ _ _

Page 3

Burglary s.9 (1) THEFT ACT 1968

Actus Reus

Common-

Did D enter?

Will the jury decide yes? _ _ _ _

Was it a building or part of a building? _ _ _ _ _ _ _ v _ _ _ _ _ _ _

Was it a vehicle? s.9 (4)

Did the storage container have wheels left on? _ _ _ _ _ _ _/ _ _ _ _ _ _ _ _ _ _ _ _ v _ _ _/ _ _ _ _ _

or removed? _/ _ _ _/ _ v _ _ _ _ _ _ _ _

Was D a trespasser?

Did he have permission to enter one part of a building and not another?

Did he go beyond his permission? _ _ _ _ _/ _ _ _/ _ _ _ _ _

Is D banned from the builidng

s.9 (1) (b) ONLY

Did D commit theft or GBH?

Mens Rea

Common-

Did D know or was he reckless as to whether he was trespassing? _ _ _ _ _ _ _

Did he knowingly or recklessly go beyond any permission he had when he entered? _ _ _ _ _/ _ _ _/ _ _ _ _ _

s.9 (1) (a) ONLY

Did D intend to steal, inflict GBH or do criminal damage?

Was the intention present when he entered?

s.9 (1) (b) ONLY

Did D have the mens rea of the ulterior offence?

Theft - Was D dishonest and did he have the intention to permanently deprive?

GBH - Did D intend that V may suffer some harm? _ _ _ _ _ _

Was the mens rea present when committing the actus reus of the relevant ulterior offence

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Blackmail s.21 THEFT ACT 1968

Actus Reus

Was there a demand?

Was it spoken, by conduct, in writing?

Did V hear or receive the demand?

Was the demand explicitly made? _ _ _ _ _ _ _ _ _/ _ _ _/_ _ _ _ _ _ _ _

Was the demand posted? _ _ _ _ _ _ v _ _ _

Was the demand made with menaces?

Was it a threat of violence against a person, damaging property or to make damaging allegations against V?

Would an ordinary person be affected by the demand? _ _ _ _ _

Would the words or conduct not intimidate anyone? _ _ _ _ _

Did D know of Vs timid nature when they made the threat? _ _ _ _ _ _ _

The demand with menaces is unwarranted unless (s.21)

Did D have reasonable grounds for making the demand?

Did D believe menaces was a proper way of reinforcing the demand?

Does the jury believe that D believes both of these things? _ _ _ _ _ _/ _ _ _ _ _ _/ _ _ _/ _ _ _ _ _ _ _

Mens Rea

Did D intend to cause loss to another?

Did D act with a view to gain for himself or another?

Does the s.34 (2) THEFT ACT apply:

Loss = V not getting what they should get

Gain = D keeping what he has

Gain = not just making a profit _ _ _ _ _ _ _ _/ _ _ _/ _ _ _ _ _ _

Gain or loss can be temporary

Must be of money or other property

Page 5

Basic Criminal Damage s.1 (1) CRIMINAL DAMAGE ACT 1971

Actus Reus

Did D destroy or damage property? Jury decide: _ _ _ v _ _ _ _ _ _ _ _ _

Was the property physically altered, harmed or impaired? _ _ _ _ _ _ _ v _ _ _ _ _ _ _

Does it cost money, time and/or effort to remove the damage? _ _ _ v _ _ _ _ _ _ _ _ _ OR _ _ _ _ _ _ _ (v _ _ _ _ _/ _ _ _ _ _ _ _ _ _/ _ _/ _ _ _ _/ _ _ _/ _ _ _ _ _ _ _ _/ _ _ _ _ _ _ _ _ _ _ _ _)

Is the property unfit for use? _ _ _ _

Is there no cost or effort in cleaning up the damage? _ ( _/ _ _ _ _ _ _ _ _) v _

Is the purpose of the property relevant? _ _ _ _ _ _ _ _ _ v _ _ _ _ _ _

Was it property? s.10 (1)

Was in tangible?

Did the property belong to another? s.10 (2)

Did another have custody or control of it?

A charge on it?

A proprietary interest or right in it?

Mens Rea

Did D have a lawful excuse? s.5

Did D honestly believe owner would have consented to damage? s.5 (2) (a)

Did D honestly believe other property was in need of immediate protection? s.5 (2) (b)

Was the belief genuinely held, even if not a reasonable belief? _ _ _ _ _ _ _ v _ _ _ _ _ _ _ _ _

For s.5 (2) (b) did D destroy property belonging to another to protect other property? _ _ _ _

Was that item he was protecting property? _ _ _ _ _ _ _ _ _/ _ _ _/ _ _ _ _ _ _

Was D aiming to protect a person? _ _ _ _ _/ _ _ _/ _ _ _ _ _ _ _

Did D intend to destroy property belonging to another?

Did D intend the act but not the damage? _ _ _ _ _ _ _ _ _

Did D believe the property was his own? _ _ _ _ _

Was D reckless as to destroying property belonging to another? _/ _ _ _/ _

Page 6

Aggravated Criminal Damage s.1 (2) CRIMINAL DAMAGE ACT 1971

Actus Reus

Did D commit basic criminal damage?

Was the damage to his own property or property belonging to another _ _ _ _ _ _ _

Was life actually endangered _ _ _ _ _ _

Was the danger to life caused by the damage or destruction? _ _ _ _ _

Mens Rea

Does D have the mens rea of basic criminal damage?

Did D intend or be reckless as to destroying or damaging any property?

Does D have the additional mens rea at s.1 (2) (b)?

Did D intend or be reckless as to endangering the life of another?

Lawful excuse cannot apply

Page 7

Arson s.1 (3) CRIMINAL DAMAGE ACT 1971

Actus Reus

Has D committed basic criminal damage under s.1 (1)?

Was the damage caused by a fire?

Was it an act or an omission (if D had a duty to act)? _ _ _ _ _ _

Was it contrary to s.1 (1) and s.1 (3) or s.1 (2) and s.1 (3)?

Mens Rea

Lawful excuse? Only for s.1 (1) and s.1 (3) _ _ _ _ _ _

Does D have the mens rea of basic criminal damage?

Does D have the mens rea of aggravated criminal damage for s.1 (2) and s.1 (3)?

Page 8

Duress

By threats...

Elements from the case of _ _ _ _ _

Was there a threat of death or serious injury? Was the threat to cause psychiatric injury? _ _ _ _ _ v _ _ _ _ _ _ _

Was the threat made to someone for whom D would reasonably regard himself as responsible?

Was it D's partner? _ _ _ _ _ _

Did D believe he had a good cause to fear death and was his response one expected of a reasonable sober person?

Does D's age, gender, pregnancy, medical condition or physical disability have bearing on how reasonable their actions were? _ _ _ _ _

Was the crime nominated by the duressor?

Did someone say 'commit this crime or else?' _ _ _ _

Was the threat effective at the time D committed the crime? _ _ _ _ _

Did D voluntarily lay himself open to threats?

Does D associate with criminals he knows to be violent?

Of circumstances...

This applies to all crimes except murder, attempted murder and some forms of treason.