These notes cover most of the topics taught on the postgraduate conversion courses in the UK (the GDL and the PGDL). They can also cover many introductory papers taught on UK undergraduate Law degrees (LLBs).
These notes include guidance on exam structure and technique where relevant. Compared t...
Criminal Law - Theft, Fraud, Robbery, and Burglary
Theft - s.1 Theft Act 1968
N.B. all 5 elements below must be present at the same time
- MR (dishonesty and intention to permanently deprive) must occur when AR
(appropriation of property belonging to another) occurs - DPP v Ray
AR: appropriating property belonging to another
- Appropriating
- S.3(1) TA 1968 - ‘Any assumption by a person of the rights of an
owner...this includes, where he has come by the property (innocently or
not) without stealing it, any later assumption of a right to it by keeping or
dealing with it as owner.’ - DPP v Gomez
- Morris - only have to assume one of the rights of an owner for
appropriation
- Lawrence - whether the owner consented to the act is irrelevant
- Appropriation includes the giving of a gift (Hinks)
- Limitations of appropriation:
- ‘Appropriation’ must connote a physical act from D, not a more
remote action that triggered a payment - Briggs (D persuading Vs
to transfer to vendors of a new house but actually transferring
money to D. This was fraud instead).
- Cannot appropriate property more than once - Atakpu
- Facts:
- Ds found in Dover driving cars stolen abroad using
false documents
- Issue:
- Appropriation cannot occur more than once
- Held:
- Theft occurred when cars hired, as this is when they
were appropriated
- Could not be charged with theft again as property
cannot be appropriated twice
- AR (appropriation) missing, convictions quashed
- Obiter - appropriation CAN be continuous, and it is
up to the jury to decide using common sense when
appropriation ends
, - s.3(2) TA 1968 - Statutory exception - genuine purchasers acting in
good faith
- D acquires property ‘for value’
- Must pay for property (doesn't have to be with cash)
- AND D acting ‘in good faith’
- No doubts about the legality of the transaction, and
believed the seller was acting entirely properly.
- Property
- s.4(1) TA 1968 - ‘included money and all other property, real or personal,
including things in action and other intangible property’
- Money
- Cash - any currency
- Real property
- Land and things attached to it, only in the following
circumstances - s.4(2) TA 1968:
- When D is trustee or personal representative, has
power of attorney, liquidator of a company, and sells
land belonging to another and appropriates land or
anything forming part of it in breach of the confidence
bestowed on them
- D not in possession of land and appropriates part of it
by severing it or causing it to be severed
- D in possession of land under a tenancy, and
appropriates whole/part if any fixture or structure fixed
to the land
- E.g. when a tenant leaves, they take the
greenhouse (structure) or shelving (fixture)
- Wild plants and flowers (s.4(3) TA 1968)
- Only count as property for purposes of s.1(1) TA 1968
stealing if done so for a commercial purpose (sale,
reward)
- Wild creatures (s.4(4) TA 1968)
- Can only be stolen if usually kept under the
possession of another (e.g. in a zoo) or has been
reduced into one’s possession (e.g. trapped/hunted)
- Personal property
- All tangible objects that don’t fall under ‘real property’,
including cars, clothes, and prohibited drugs unlawfully in
complainant's possession (R v Smith, Plummer and Haines)
- Things in action
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