Zoom-CRIMINAL Law-UoL

Review Chapter 12

Property Offences

Theft
Am I ready to move on?
Are you ready to move on to the next part of this chapter? You are if – without referring to the module guide or Wilson – you can answer
the following questions.

1. Explain the circumstances when body parts amount to property capable of being stolen.
-Any body part that has been subject to any form of value-addition (enhancement) for a specific type of
usage (deco. Artwork, medical usage) would become property of the person enhancing such body part.
-Kelly- body is property-- value added, decor
(-Welsh- urine sample-- property of police; drunk driving)
-Sharp- it wasn’t considered property--bc - dug it up- no value added
2. Explain what a thing in action is and how it can be stolen.
-An intangible property that contains value and can be transacted and converted to money and enforceable
in courts (debt, stock certs)
-debt, transfer funds online, personal property right which can be legally enforced eg a patent right

3. Explain when land or things forming part of land can be stolen.

-land trust-- abuse trust -sell land
-s.4.2 Land can be stolen by way of Executors /powers of attorney misusing powers bestowed. Parts of
land such as topsoil or, renters taking property (lamps, tiles furniture)
4. Explain what an appropriation means.
-assume rights of owner (ownership) to do whatever you want with that property through that assumption
- in relation to the property as if you are the owner of said property and indeed R v Morris [1983]
5. Explain the legal position regarding consented-to appropriations.
-can still appropriate --- under consent-- Lawrence
6. Give your own example of how someone could be guilty of theft by receiving an outright gift or
making a purchase.
-Hincks-- gift- consent-- but still theft-- manipulation--dishonesty
-switching labels -- buy at lower price
-buying items with someone else’s credit card without permission

7. Explain what ‘belonging to another’ means.

-something that belongs to someone: proprietor rights, vested interest of it, whether it’s your property or
his/her
-Something that belongs to another if it under his control or possession or ownership
Case Turner no.2

8. Explain why s.5(3) of the Theft Act 1968 is necessary to the law of theft.
-validate property still belongs to the Original owner (it’s not D’s-- only an entrusted person)
-Original owner still owns it
-misappropriate; contrary to the proprietor rights of owner
9. Explain the circumstances in which a person can be guilty of theft although it cannot be proved
that they intended permanently to deprive the owner of the property.
-intend to return but used up the value of property already prior to returning
-A-G Ref (No 1 of 1983) overpaid wage not return
-Another circumstance is abandonment of property see case: Ricketts v Basildon Mag.
- D took charity clothes

10. Explain the procedure for proving dishonesty in the light of both s.2 of the Theft Act 1968 and
Ivey.
-objective test of dishonesty
-Ivey test - must first ascertain (subjectively) the actual state of the individual's knowledge or belief as to
the facts.
-1. subjective; 2. objective tests
-base on facts; D-- honestly believe; give D the benefit of the doubt-- if not then move on to Ivey
11. What are the main objections to the current tests for dishonesty?
-depends on jury’s subjective take on what is wrong or not wrong
“how reasonable or you?”

Burglary

Am I ready to move on?

Are you ready to move on to the next part of this chapter? You are if – without referring to the module guide or Wilson – you can answer
the following questions.

1. Explain the difference between s.9(1)(a) and s.9(1)(b) burglary.

-one before entering building--with intention
-one after he’s in the building--without intention before and form intention after

2. Explain the considerations the prosecution must take into account in deciding which to charge.
-can be charged under both a, b
-a/r entry- trespass
-depending on m/r
9.1 (a) – D must enter a building or part of as a trespasser with an intention to steal or attempt to steal.**
trespassing must happen first here
9.1 (b) - D having entered the building or part thereof as a trespasser he steals or attempts to steal or
inflicts or attempts to inflict on a person therein, GBH.

9.1(a) entering a building or part of a building as a trespasser with the intention.

9.1(b) entering building or part of a building as a trespasser having had the intention to commit either
theft, gbh or criminal damage
Trespass does not require a state of knowledge, but only requires the act of entering. Criminal trespassing
involves entering or remaining in a place knowing one is there without a license or privilege.
3. List the substantive offences around which both forms of burglary are constituted.
-trespassing
-criminal damage offence
-stealing
-GBH against a person offence

4. Explain what ‘entry as a trespasser’ involves.

-entry without consent of owner /proprietor
-entry without statutory/legal/authority
-partial entry is still trespassing -- a hand or a foot
-m/r knowing or recklessness--
-abuse authority/consent: consent to only one place of the building and not in another room
5. Explain when, if ever, a person can be guilty of burglary although they have the
occupier’s consent to entering the building.
-first consent to entry and then it becomes no consent--- R v Jones & Smith
-extended his consent into something that is not consent: D intent to steal T.V.
-exceeded permission given== conditional consent

6. Explain what ‘building’ and ‘part of a building’ mean for the purpose of burglary.
-motor home, caravan, building & vehicle, vessels adapted for human habitation
-RV, house boat, mobile home== a space within a human habitation is a part of that building
-office, area that is closed off from public entry-- roof, attic-- basement
7. For the purpose of aggravated burglary how does the form of the burglary impact on the
question of when the burglar is in possession of a weapon?

s10--Aggravated burglary (WIFE)

-threat to owner/persons within that building/part of building

-force- aggravation

-depends s9 1a, or 1b= s9, 10 relation depending on situation

Fraud

Am I ready to move on?

Are you ready to move on to the next chapter? You are if – without referring to the module guide or Wilson – you can answer the
following questions.

1. State the essential elements of fraud by false representation.

s2(1)
-dishonestly makes a false representation
-intends by making representation to:
--gain for himself or another
--cause loss or expose another to risk of loss
2. Explain what a representation is.
-a statement fact or law include representation as to state of mind of a person making representation or
any other person
3. Give examples of an express representation of fact, of law and of a state of mind.
-fact: true - something real
eg: insurance agent, paper cheque, car paint cover rusts
eg: law-- authority using cheque-- ie bank
eg: state of mind-- m/r-- intend to give impression that you have authority to use cheque and cheque is
valid but in reality this is false

4. Give three examples of an implied representation.

-suggested representation: car paint
-implied car condition-- that car is new, looks good
eg: Fact....my criminal exam score was 99%
Impression....I'm a genius
State of Mind....I am going to past all other exams

5. State, illustrate and explain the circumstances in which a person can be making a
representation by staying silent.
-legal duty to disclose but failed
-silence can make the difference
-Knowing after the fact but did not disclose
-involves good faith transaction-- for the good of ppl (Case- Firth 1990)

6. State, illustrate and explain what ‘false’ means for the purpose of the Fraud Act 2006.
-misleading with intent to mislead, not just misleading alone bc you can honestly
-S(2)(2) (a) untrue & misleading-- untrue
(b) person making rep. know that it might be untrue
7. State, illustrate and explain the circumstances in which a representation can be false although
the representor believes it to be true.
look above-- Believing it's true but have doubt
Eg...painting looks like a prominent painter's but not so sure

8. State and explain the mens rea for fraud by representation.

-M/R: intention + s2 Fraud Act 2006
Eg. Professional with client
9. Explain when it is proper to charge fraud by abuse of position rather than by false
representation.
-when they make/act
Abuse of position is when the person have authority or duty to disclose
--relationship- lawyer & client
10. State the essential elements of obtaining services dishonestly.
-s11 Fraud Act 2006
-dishonesty, breach s11(2)
11. State, explain and illustrate what is meant by ‘services’ for the purpose of this offence.
-parking service
-train ticket
-using without payment
-Service made available on the basis that payment has been, is or will be made
Case 25-- Wilson
12. Explain and illustrate the situations in which a person can be liable for both fraud and
obtaining services dishonestly.
-lying about age (fraud)
-to get ticket reduced price (services dishonestly)
services that are restricted to those made available on the basis that payment has been, is being or
will be made for or in respect of them.

13. Explain and illustrate the situations in which a person can be liable for obtaining services
dishonestly but not fraud.
-Eg: A+E pretended to be Muslims to get education for child
-false representation
False pretence not requiring monetary compensation
-EG: pretend celebrate bday when it’s not your bday to receive gifts
eg: ordering a meal in a restaurant knowing you have no money to pay
14. Explain and illustrate the situations in which making off without payment – but no other
 property offences – can be charged.
-taking off from immediate position to pay but didn’t pay
-waiting in line to cash

15. Explain what ‘making off’ comprises for the purpose of s.3 of the Theft Act 1978.
-117 guide
-R v Moberley =w/o paying at the spot of payment before crossing barrier; and fail to pay at the spot after
he crossed the barrier
Morbely v Aslop 1992

-R v Macdavitt--D apprehended making for the door; not paying at restaurant; at door therefore guilty of
attempt only
He was arguing in the restaurant so intent of not paying was already known
State, explain and illustrate the requirement that the defendant makes off from the ‘spot where
payment is due’.
-above
16. Explain the relevance of a person purchasing goods on credit for their potential liability under
s.3 of the Theft Act 1978.
-not applicable: delayed payment when on credit whereas on the spot needs to be on the spot
17. Explain the mens rea for making off without payment.
-m/r: dishonesty and intention to avoid payment of amount due on the spot

Allen 1985