Law (9084) | Offences against property

Welcome to Offences Against Property!

Hi there! This chapter is absolutely essential for your Criminal Law paper. We are going to explore the crimes focused on taking, damaging, or deceiving people out of their possessions. Don't worry if the definitions seem long—we will break them down step-by-step into their key components:
Actus Reus (AR) (The physical act) and Mens Rea (MR) (The mental state).

By the end of these notes, you’ll be able to confidently analyze scenario questions involving theft, robbery, burglary, and more!

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2.2.1 Theft (Theft Act 1968, s1)

Theft is the foundation for many property crimes. To prove theft, the prosecution must show the defendant committed all five elements set out in Section 1 of the Theft Act 1968.

Quick Memory Aid: The Five Elements of Theft

DIPAB: Dishonestly, Intending to Permanently Deprive, Appropriates, Property, Belonging to Another.

A. Actus Reus (AR) of Theft (s3, s4, s5)

1. Appropriation (s3)

Definition: Any assumption of the rights of the owner. This is very broad!

• It means doing anything an owner has the right to do (e.g., selling, keeping, wearing, or even just touching).
• Key Point: You do not need to physically take the property. Appropriation can happen even if the victim consents or voluntarily hands over the goods, provided the defendant intended to steal it. (R v Gomez).
• Example: A shop assistant agrees to sell goods to D, who uses a stolen card. D has appropriated the goods because, although the assistant consented to the sale, D assumed the owner’s rights through deception.

2. Property (s4)

Definition: Property includes money, real property (land), personal property, things in action (e.g., a bank account balance), and other intangible property.

• Common Mistake to Avoid: Land cannot generally be stolen, but there are exceptions, such as where a trustee steals the land or someone takes fixtures (e.g., removing a gate).
• Wild things (like flowers or mushrooms) cannot be stolen unless they are picked for commercial purposes.

3. Belonging to Another (s5)

Definition: Property belongs to anyone having possession, control, or any proprietary right or interest in it.

• It is possible to steal your own property if someone else has control over it (e.g., if you steal a car that is currently in the mechanic’s control, you are stealing from the mechanic).
• Crucial Concept: Property received under an obligation (s5(3)): If D receives property with an express obligation to deal with it in a particular way (e.g., client money given to a lawyer to pay a specific bill), and D spends it elsewhere, this can be theft (Davidge v Bunnett).

B. Mens Rea (MR) of Theft (s2, s6)

1. Dishonesty (s2)

The law does not define dishonesty fully, but it sets out three situations where a person is not dishonest (s2(1)):

1. D believes they have the legal right to deprive the owner of it.
2. D believes the owner would have consented if they had known about the appropriation.
3. D believes that the person to whom the property belongs cannot be discovered by taking reasonable steps.

If D does not fall into these exceptions, the courts apply the modern Ivey Test (from Ivey v Genting Casinos (UK) Ltd [2017]), which has two stages:

• Stage 1 (Subjective): What was the defendant's actual knowledge or belief as to the facts?
• Stage 2 (Objective): Was the conduct dishonest by the standards of ordinary, decent people?

The Ivey Test makes it much simpler: did D know what they were doing, and would a normal person find that act dishonest?

2. Intention to Permanently Deprive (s6)

Definition: The intention to treat the thing as his own to dispose of regardless of the other's rights.

• Temporarily borrowing something is usually not theft, unless the goodness, virtue, or practical value of the item has gone when it is returned (e.g., borrowing a season ticket for the whole season, or taking an antique and damaging it before return).
• Ransom Cases (s6(2)): If D gets property back from the victim only upon a condition (e.g., "I'll give your cat back if you pay me £100"), this is strong evidence of intention to permanently deprive.

2.2.2 Robbery (Theft Act 1968, s8)

Robbery is essentially Theft aggravated by Force. It is a serious indictable offence.

Definition: A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being subjected to force.

A. Actus Reus (AR) of Robbery

• The completion of a Theft (all five elements of s1 TA 1968 must be met).
• The use or threat of Force (or seeking to put a person in fear of force).
• The force must be used immediately before or at the time of the theft.
• The force must be used in order to steal.

Did you know? The amount of force can be minimal. In P v DPP, snatching a cigarette from someone’s hand was considered enough force.

B. Mens Rea (MR) of Robbery

• The Mens Rea for Theft (Dishonesty and Intention to Permanently Deprive).
• The Intention to use Force to steal (or intention to put the victim in fear of force).

Analogy: Robbery is like a theft sandwich—you need a completed theft (the filling) and the use/threat of force (the bread) around it!

2.2.3 Burglary (Theft Act 1968, s9)

Burglary occurs when D enters a building as a trespasser with the *intention* to commit a crime, or when D commits a crime *after* entering as a trespasser.

The Act creates two distinct types of burglary:

A. Burglary Type 1: S9(1)(a) (Entry with Intent)

Actus Reus:

• Entry: D must enter the building (need not be the whole body, R v Brown).
• As a Trespasser: D must enter without authority or permission. If D had permission but exceeds it (e.g., enters a shop but goes into a restricted staff room), they become a trespasser (R v Jones and Smith).
• A Building or Part of a Building (s9(4)): This includes vehicles or inhabited vessels.

Mens Rea:

• Knowledge or recklessness as to being a trespasser.
• Intention, at the time of entry, to commit one of the "ulterior offences" listed in s9(2): Theft, Grievous Bodily Harm (GBH), or Unlawful Damage.

Key Difference: For s9(1)(a), the crime doesn't actually have to be committed; just the intent is needed upon entry.

B. Burglary Type 2: S9(1)(b) (Entry followed by Commission)

Actus Reus:

• Entry as a Trespasser into a building (same as above).
• Having entered, D must commit or attempt to commit: Theft or GBH.

Mens Rea:

• Knowledge or recklessness as to being a trespasser.
• The Mens Rea for the committed crime (i.e., the MR for theft or GBH).

Example: D sneaks into a building just to sleep (no intent to steal, so not s9(1)(a)). Once inside, D sees a wallet and decides to steal it. This is s9(1)(b) burglary.

C. Aggravated Burglary (s10)

Aggravated Burglary is committed if, at the time of the burglary (either s9(1)(a) or s9(1)(b)), the defendant has with him any firearm, imitation firearm, weapon of offence, or explosive.

Important: The weapon must be carried at the time the AR of burglary is completed. It does not need to be used.

2.2.4 Blackmail (Theft Act 1968, s21)

Blackmail is a serious offence involving unwarranted demands accompanied by threats (menaces).

A. Actus Reus (AR)

• Making a Demand: The demand must be made, but it does not need to be communicated or received by the victim.
• With Menaces: This means a threat of action (usually illegal) that would cause someone of reasonable courage and firmness to unwillingly comply (R v Lawrence and Abrahams). Menaces can be express or implied.

B. Mens Rea (MR)

• The demand must be made with a view to gain for D or intent to cause loss to another.
• The demand must be Unwarranted. A demand is unwarranted if, D does not believe they have reasonable grounds for making the demand, OR D does not believe that the use of menaces is a proper means of reinforcing the demand.

Example: If D sees V steal a bike and demands V gives D £100 or D will go to the police. D may genuinely believe they have reasonable grounds to demand £100 (grounds for the demand), but threatening police action to extort money is likely not a proper means, making the demand unwarranted.

2.2.5 Handling Stolen Goods (Theft Act 1968, s22)

This offence targets those who assist thieves by dealing with stolen property after the theft has occurred.

A. Actus Reus (AR)

• The goods must be stolen goods (meaning they resulted from theft, robbery, burglary, etc.).
• D must "handle" the goods. Handling includes receiving, or arranging to receive the goods, or assisting in their retention, realisation, or disposal.

Important Note: The original thief cannot be guilty of handling their own stolen goods—they are only guilty of the original theft/robbery/burglary.

B. Mens Rea (MR)

• D must have Knowledge or Belief that the goods are stolen.
• Belief is crucial. It means something more than suspicion, but less than actual knowledge. It is a subjective test: did *this* defendant believe the goods were stolen?

2.2.6 Making Off Without Payment (Theft Act 1978, s3)

This offence covers situations where a service or good has been provided, and payment is due on the spot.

A. Actus Reus (AR)

• D makes off (leaves the scene, usually discreetly).
• The making off is from a place where payment was required or expected.
• D fails to make payment on the spot.
• The services/goods must be lawfully supplied (e.g., a restaurant meal, petrol, taxi fare).

B. Mens Rea (MR)

• D knows that payment on the spot is required.
• D has an Intention to avoid payment.
• D acts Dishonestly (applying the Ivey Test).

Example: D fills up their car with petrol and drives away, knowing they should pay now and intending never to return. This is MOWOP. If D simply forgets their wallet and promises to return later, there is no MR (no intention to permanently avoid payment).

2.2.7 Criminal Damage (Criminal Damage Act 1971)

This Act covers intentional or reckless destruction of property.

A. Basic Criminal Damage (s1(1))

Actus Reus:

• Destroying or damaging property. (Damage can be minimal, temporary, or simply rendering the item useless or costly to repair).
• The property must belong to another (or D must be reckless as to whether it belongs to another).

Mens Rea:

• Intention to destroy or damage the property, OR
• Recklessness as to whether the property would be destroyed or damaged.

Note on Recklessness: In Criminal Damage, we generally use the subjective recklessness test (R v Cunningham): Did the defendant foresee the risk of damage, and yet continue to take that risk?

B. Extensions of Criminal Damage (s2 and s3)

• S2: Threats to destroy or damage property: AR is making the threat. MR is intending to cause fear and having the MR for basic damage.
• S3: Possessing anything with intent to destroy or damage property: AR is possession. MR is the intention to use the item to commit damage.

C. Defences: Lawful Excuse (s5)

Section 5 provides two main defences that negate the MR, often referred to as 'lawful excuse':

1. Belief in Consent: D honestly believes that the person entitled to consent (the owner) either consented or would have consented to the damage. This belief does not need to be reasonable, only genuine (R v Jaggard).
2. Protection of Property: D damaged the property in order to protect his own or another person's property, and the means used were reasonable in the circumstances.

Example of Protection of Property: If D destroys a neighbour's fence to prevent a fire spreading to their own house, they may have a lawful excuse.

2.2.8 Fraud (Fraud Act 2006)

The Fraud Act 2006 is broad and covers various ways dishonesty can be used to gain financially or cause loss. Fraud is a conduct crime—you only need to show the dishonest conduct and the required intent, not that the gain or loss actually occurred.

Fraud Act 2006, s1: General Offence (committed in one of three ways)

The core MR for all types of fraud is Dishonesty (Ivey Test) and an intention to make a gain or cause a loss (or expose someone to risk of loss).

1. Fraud by False Representation (s2)

• Actus Reus: Making a false representation (e.g., lying about credentials or using fake documents). A representation can be about fact, law, or state of mind.
• Mens Rea: Knowledge that the representation is, or might be, untrue or misleading, plus the core MR (dishonesty + intent to gain/cause loss).

2. Fraud by Failing to Disclose Information (s3)

• Actus Reus: Failure to disclose information to another person when there is a legal duty to disclose it (e.g., an insurer must disclose known risks when applying for insurance).
• Mens Rea: Dishonesty + Intent to gain/cause loss.

3. Fraud by Abuse of Position (s4)

• Actus Reus: Occupying a position where D is expected to safeguard, or not act against, the financial interests of another person, and D abuses that position (e.g., a financial advisor or an employee handling company accounts).
• Mens Rea: Dishonesty + Intent to gain/cause loss.

Obtaining Services Dishonestly (s11)

This is a separate offence often linked to fraud.

• Actus Reus: Obtaining services (e.g., subscribing to a streaming service without paying) + they were made available on the basis that payment has been, or will be, made.
• Mens Rea: Dishonesty + knowing the service is obtained without payment/full payment + intending to avoid payment.

You have now covered the core property offences required for the AS Level Criminal Law paper! Remember to practice applying the AR and MR elements carefully in your scenarios.