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Criminal Law- Theft, Robbery, Burglary
Theft, Robbery and Burglary
55
Law
Undergraduate 1
05/21/2013
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Term
Where is theft definition found?
 Definition
Theft Act 1968 s. 1(1)
Term
Name the three actus reus elements of theft
 Definition
1. Appropriation
2. Property
3. Belonging to another
Term
Name the remaining two mens rea elements of theft
 Definition
4. Dishonesty
5. Intention to permanently deprive
Term
• Appropriation is defined in:
 Definition
the Theft Act s. 3(1)
Term
• Appropriation replaced “take and carry away” from:
 Definition
The Larceny Act 1916
Term
• Appropriation is satisfied by the assumption of any of the rights rather than all the rights of ownership. So someone who moves an item in a store near the back exit with intent to come back and steal it later, has already committed the actus reus of theft. See:
 Definition
R v Morris [1984]
Term
Dishonest appropriation can still take place even with the owners consent. Name three cases where this is highlighted.
 Definition
Lawrence v MPC [1972]--consent

DPP v Gomez [1993]--consent

R v Hinks [2001]--Gift
Term
• Property definition is located in
 Definition
Theft Act s 4(1)
Term
• Confidential information cannot be stolen. Name the case where this is highlighted.
 Definition
Oxford v Moss [1979]—
use this case if there is a prob question where someone looks at test answers or something
Term
• Belonging to another definition located in
 Definition
Theft Act s. 5 (1)
Term
• A person can steal their own property, if another party has possession of it. For example, if I take my car to a garage for work, and then take my car without paying for the work, I can be guilty of theft of the car as was the case in
 Definition
R v Turner (No. 2) [1971]
Term
Before resorting to Ghosh test, what three elements of dishonesty must be ascertained?
 Definition
1. Was the D legally entitled to take the property?
2. Would the owner agree with D taking the property if they knew?
3. Could the owner not be found by taking reasonable steps?
Term
• Dishonesty regarding theft is set out in
 Definition
Theft Act s. 2(1)
Term
• If none of the situations in s. 2(1) apply, a jury must use Ghosh test to determine dishonesty. Name the Ghosh case citation.
 Definition
o R v Ghosh [1982]
Term
Describe (verbatim) the Ghosh test:
 Definition
➢ A jury must first of all decide whether according to the ordinary standards of reasonable and honest people what was done was dishonest.
➢ If it was dishonest by those standards, then the jury must consider whether the defendant himself must have realized that what he was doing was by those standards dishonest.
Term
• Intention to permanently deprive is set out in
 Definition
the Theft Act s. 6(1)
Term
• Borrowing something and returning it in a state where its goodness and virtue are gone can amount to theft. Name the case where this is highlighted:
 Definition
o R v Lloyd [1985]
Term
• Robbery definition found in
 Definition
Theft Act s. 8
Term
• Robbery is theft +
 Definition
+ force or threat of force
Term
• There are 6 total elements of robbery. How many actus reus and how many mens rea?
 Definition
4 actus reus and 2 mens rea
Term
• There are 5 total elements of theft, how many actus reus and how many mens rea?
 Definition
3 actus reus and 2 mens rea
Term
Name the 4 actus reus elements of Robbery.
 Definition
1. AR elements of theft
2. Force or fear of force
3. Any person
4. Immediately before or at the time of
Term
Name the additional two mens rea elements of robbery
 Definition
5. MR elements of theft 6. Intention to use force
Term
1. The AR elements of theft +
• AR and MR of theft must be proved before establishing force for robbery. In other words, a robber must be shown to be guilty of theft. See:
 Definition
R v Guy [1990]
Term
• A simple nudge was taken to amount to force. See:
 Definition
o R v Dawson [1976]
Term
• Force may be applied to a person or their property e.g. grabbing a purse out of someone’s hand without touching them. See:
 Definition
o R v Clouden [1987]
Term
True or False: It is not robbery if the force is used simply to make a getaway. The force must be used at the time or immediately before.
 Definition
True
Term
True or False:
 Definition
Term
True or False: To qualify for robbery force must be used on the property's owner.
 Definition
False.

Force need not be exercised on the owner of the property. If it were, it would be too narrow a definition and exclude bank robbers etc.
Term
Force can be used after theft and sometimes be seen as a continuation of appropriation, which would amount to robbery.
• The duration of appropriation is a question of fact for the jury. See:
 Definition
o R v Hale [1978]
Term
• AR and MR of theft must be proved before establishing force for robbery. In other words, a robber must be shown to be guilty of theft. See:
 Definition
R v Guy [1990]
Term
. Intentional use of force
• Intention does not have a special legal definition and juries are to interpret it in a standard manner. See
 Definition
o R v Moloney [1985]
Term
• Burglary definition found in
 Definition
Theft Act s. 9 (1)
Term
Burglary can be aggravated by:
 Definition
Using weapons, or entering inhabited dwellings
Term
• There are six elements of burglary, how many actus reus and how many mens rea?
 Definition
4 Actus reus and 2 mens rea
Term
Name the 4 actus reus elements of Burglary
 Definition
1. Entry,
2. Building (or part of),
3. Trespasser,
4. Actual offence from s. 9 (1) (b)-- theft or causing GBH
Term
Name the 2 additional mens rea elements of Burglary
 Definition
5. Intention/recklessness as to trespass,
6. Intention to commit an offense from 9 (2)—stealing, inflicting GBH, or doing unlawful damage
Term
For burglary, • Partial entry satisfies entry element. See:
 Definition
o R v Brown [1985]
Term
• Section 9(4) specifies that inhabited vehicles or vessels are within the meaning of building.
• Other structures are judged according to whether they are of sufficient size and permanence. See:
 Definition
o Stevens v Gourley (1859)
Term
• Separate areas in a building may be deemed as trespassable, e.g. bedrooms or staff only areas of a store. See:
 Definition
o R v Walkington [1979]
Term
• To be a trespasser, the D must enter without the knowledge or permission of the owner.
• If D enters with permission, which D knows is under false pretenses then D will still be a trespasser. See:
 Definition
R v Collins [1973]
Term
• D can enter with permission, and still “act in excess of permission” which still qualifies D as a trespasser. See:
 Definition
R v Jones and Smith [1976]
Term
Is trespass a crime?
 Definition
• Trespass alone is a tort and not a criminal offense. NB do not say that exam that a D might be guilty of the crime of trespass
Term
actual offenses from s.9(b):
 Definition
• The D must steal or attempt to steal, or must commit GBH or attempt to commit GBH.
Term
Describe (verbatim) the test for recklessness:
 Definition
“was the defendant aware that there was a risk that his or her conduct would cause a particular result, AND was the risk unreasonable”
Term
• Recklessness is based on a subjective test. Name the two cases where it evolved.
 Definition
o R v Cunningham [1957]

o R v G and R [2003]
Term
Name offenses from s. 9 (2)
 Definition
stealing, GBH, and unlawful damage
Term
Name the actus reus of GBH
 Definition
wounding or inflicting GBH
Term
Name the mens rea of GBH
 Definition
Intention or recklessness as to the wound or infliction of GBH.
Term
o GBH means “really serious harm”. See:
 Definition
• DPP v Smith [1961]
Term
o GBH can include psychiatric injury. See:
 Definition
• R v Burstow [1998]
Term
o Definition of wound is breaking both layers of skin. See:
 Definition
• C v Eisenhower [1984]
Term
State actus reus for unlawful or criminal damage
 Definition
Destruction or damage, to property, belonging to another, without lawful excuse.
Term
State mens rea of unlawful or criminal damage
 Definition
Intention or recklessness to destruction or damage to property belonging to another without lawful excuse.
Term
True or False: Property definition as pertaining to criminal damage is the same as theft.
 Definition
False.

Property definition is same as property definition in theft except for two differences. A person cannot destroy intangible property (credit balance) and a person can destroy land.
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