Please enable JavaScript.
Coggle requires JavaScript to display documents.
offences against property - Coggle Diagram
offences against property
theft
criminal fraud and thefts act 2001
s4 - guilty if dishonestly appropriate property without consent of owner and with intention of depriving owner of it
actus reus
usurping or interfering with property rights of owner
property includes money and intangible property
R v Morris
switching labels usurpation of rights
owner -
Hibbert v McKiernan
part owner can steal from another part owner
consent can't be obtained by deception or intimidation
mens rea
intention to deprive someone of property
people v grey
honestly believe entitled to item then acquired
people v o'loughlin
- subjective nature - did honestly beleive
liability - indictment - fine or 10 years
s5 exception
acting in good faith, can pick goods growing wild provided not for sale or commercial purpose
gains or causing loss through deception
criminal theft and frauds act 2001
s6 - dishonestly withinention of making gain or causing loss to other
not necessary to prove actual gain or loss
fine or prison for 5 years
making of without payment
s8 criminal theft and frauds act 2001
knowing payment required on spot, and leave without payment
not an offence if goods are illegal
can arrest without warrant with reasonable cause to suspect
indictment - 3000 fine or prison for 2 years
unlawful use of computer
s9 - dishonestly operate computer with intention of making gain for himself or another
10 years and fine on indictment
no proof of actual gain or loss
false accounting
s10 - dishonestly with intention of making gain or causing another loss destorys, defaces, conceals or falsifies accounts
fine and 10 years on indictment
burglary
s12 criminal fraud and thefts act 2001
if enter building as trespasser with in intent to commit arrestable offence (5 years)
prosecution must prove entered building as trespasser
or entered building as trespassers - commits or attempts to commit any offence
entry
r v brown
entrance must only be effective - smashed window and inserted half body in to window display
R v Ryan
- smashed way in, got stuck - sufficient for entry
building
structure intended to be permanent or endure, includes inhabited vehicle or vessel
trespassers
go into area not permited
R v Walkington
can't go beyond counter of shop
Barker v R
asked to keep eye on house while away - not permission to rob furniture
liability - 14 years or fine or both on indictment
aggravated burglary
s13 criminal fraud and thefts act 2001
commit burglary with firearm, imitation firearm, weapon of offence (blade or sharp point, noxious liquid or gas)
R v Murphy
armed at time of burglary - not armed if weapon left in car outside
prison for life
robbery
theft with use of force -s14
use force or put person in fear of force or attempt to put person in fear
R v Dawson and James
slightest touch, does not need to be directed at victim
DPP v Mangan
window smashed of car with nuns in it, snatched handbag - force against window - intimidate occupants
corcoran v anderson
snatched handbag from hand but dropped it - robbery even if didn't get away
indictment - prison for life
handling and possessing stolen property
s17 criminal fraud and theft act 2001
knowing or recklesss if property stolen - receive it or arranges to receive it - undertakes or assist with retention, removal, disposal
doesn't need principal convicted
fine or imprisonemtn of 10 years
criminal damage
criminal dammage act 1991
s2 - damage or intending damage or reckelss of anothers property
reckless subjective -if foresaw type of damage might be done but goes and does it anyways
damage under s1 includes - propert - destroy, deface dismantle, render inoperable - for data - alter, corrupt, errase or move
lawful excuse -
Charleton
existence of property right or permission
defence
Jaggard v Dickinson
honestly believe permission to enter house thought it was friends
Lloyd v DPP
damaged clamp, not a lawful excuse even if on private ground
s7 - person who owns damage does not have to bring proceedings
liability
summary - fine 1,000 or 12 months
indictment - 10 years or 10,000 or both
s2(2) if endangering life - prison or life includes arson
threat to damage property s3 - intending to cause fear - summary 1,000 or 12 months on indictment 10,000 or 10 years
forgery
s25 - used to induce another
10 years or fine
arson
obtaining services through deception - dishonest - 5 years and fine -indictment