Offences Against Property NO CASES for Q

Theft s.1 THEFT ACT 1968Actus Reuss.3 - AppropriationHas D assumed any of the rights of the owner? _ _ _ _ _ _Did V consent to D taking the property? _ _ _ _ _Was the property a gift? _ _ _ _ _s.4 Propertys.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 anotherDid 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 ReaS.2 DishonestyNo definitionDo 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 depriveDid 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.6Did they intend to sell the property back to V? _ _ _ v _ _ _ _ _ _ _ _

Robbery s.8 THEFT ACT 1968Actus ReusAre all the elements of theft present?DishonestAppropriation - as soon as this is complete, it is a robbery: _ _ _ _ _ _ _ _ v _ _ _ _ _ _ _ _ PropertyBelonging to anotherIntention to permanently depriveWas 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 ReaDis 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 _ _ _

Burglary s.9 (1) THEFT ACT 1968Actus ReusCommon- 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 builidngs.9 (1) (b) ONLYDid D commit theft or GBH?Mens ReaCommon- 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) ONLYDid D intend to steal, inflict GBH or do criminal damage? Was the intention present when he entered?s.9 (1) (b) ONLYDid 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

Blackmail s.21 THEFT ACT 1968Actus ReusWas 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 getGain = D keeping what he hasGain = not just making a profit _ _ _ _ _ _ _ _/ _ _ _/ _ _ _ _ _ _Gain or loss can be temporaryMust be of money or other property

Basic Criminal Damage s.1 (1) CRIMINAL DAMAGE ACT 1971Actus ReusDid 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 ReaDid 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? _/ _ _ _/ _

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

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 ReaLawful 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)?

DuressBy 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.