Criminal Damage and Theft

Criminal Damage

• Criminal Damage Act 1971 s1(1) outlines the offense
• An individual who destroys or damages property belonging to another without lawful excuse, with the intention to destroy or damage that property, or being reckless as to whether such property would be destroyed or damaged, is guilty of an offense
• The actus reus involves destroying or damaging property belonging to another without lawful excuse
• Mens rea includes intending to damage, or being reckless as to whether any such property would be destroyed or damaged

Theft Act 1968

• S1(1) states a person is guilty is he dishonestly appropriate property belonging to another, with the intention of permanently depriving the other of it and "thief" and "steal" is construed accordingly.
• Statutory references made refer to the Act of 1968
• It is an either way offense
• Maximum imprisonment of 7 years
• The definition of theft is important for robbery and burglary

Elements of Theft

• There are 5 elements
• Actus reus includes appropriation, of property, belonging to another
• Mens rea includes dishonesty and intention to permanently deprive

Property

• S4(1) includes money and all other property, real or personal, including things in action and other intangible property
• Real property is land
• Personal property is not land, like a car, painting or TV
• Includes illegal drugs like in Smith, Plummer, Haines [2011] EWCA Crim 66
• Thing or chose in action = property right to be claimed via court
• In most cases it is obvious whether the item in question is property
• Land generally cannot be stolen. s4(2) although there are exceptions

Land Exceptions

• Where the defendant is trustee or personal representative, s4(2)(a)
• Those not in possession can steal things forming part of the land, s4(2)(b)
• Tenants in possession can steal fixtures or structures, s4(2)(c)
• Taking mushrooms, flowers, fruit or foliage growing wild is not theft, unless done for reward/sale/commercially, s4(3)
• Wild creatures not in captivity or not reduced into possession cannot be stolen, s4(4) Confidential information cannot be stolen, per Oxford v Moss (1979) 68 Cr App R 183
• Electricity is not property, but covered by a specific offense under s13
• Historically, bodies, parts and corpses were not property. However, bodies reduced into possession and bodily products can now be per Yearworth v North Bristol NHS Trust [2009] EWCA Civ 37
• Definition refers to civil case law
• Real and personal properties includes land
• Personal properties = things or objects that are not land, like a car, TV painting
• Smith, Plummer, Haines [2011]: drug dealer's heroin was stolen. In criminal law, heroin would amount to property, just because the item is illegal

Appropriation

• S3(1) any assumption by a person of the rights of an owner amounts to an appropriation. This includes, where he has come by the property innocently or not, any later assumption of a right to it by keeping or dealing with it as an owner
• Rights of the owner
  • Lawrence v MPC [1972] AC 626
  • Morris [1984] AC 320
  • DPP v Gomez [1993] AC 442
• Gifts R v Hinks [2001] 2 AC 241
• Bona fide purchasers:
  • S3(2) where property or a right or interest in property is or purports to be transferred for value to a person acting in good faith, no later assumption by them of rights which was believed to be being acquired, shall by reason of any defect in the transferor's title amount to theft

Belonging to Another

• S5(1) property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest
• R v Turner (No 2) [1971] 1 WLR 901
• 'Possession' or 'Control'
• Hibbert v McKiernan [1948] 2 KB 142
• Woodman [1974] QB 754
• R (Ricketts) v Basildon Magistrates' Court [2010] EWHC 2358 (Admin)
• Special cases: Provision for property subject to a trust (s5(2))
• Provisions for property from or on account of another [received under obligation], s5(3): Hall [1973] QB 126
• Provisions for property got by another's mistake (s5(4))
  • S5(1)- two ways property belongs to another, proprietary right

Dishonesty

• Ordinarily a question of fact but sometimes requires legal guidance
• Statutory Partial definition: s2(1) An appropriation of property belonging to another is not regarded as dishonest:
  • (a) if he appropriates the property in belief he has in law the right to deprive the other of it, on behalf of himself or of a third person

Burglary Act 1968

• S9(1) states a person is guilty of burglary if:
  • (a) he enter any building as a trespasser with the intent to commit any such offense as is mentioned in subsection (2) below... (B A)
  • s9(2) The offenses referred to in subsection (1)(a) above are offenses of stealing anything in the building in question, of inflicting on any person therein any grievous bodily harm and of doing unlawful damage to the building or anything therein
  • OR (B 2): Steals or attempts to steal anything in building or part of building or inflicts or attempt to inflict on any person therein any grievous bodily harm

Burglary Offense A

• AR:
  • Entering
  • Any building or part of a building
  • As a trespasser

Robbery

• Theft Act 1968, s8(1) states 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 then and there subjected to force.
• Indictable only offense
• Max life imprisonment
• Also s8(2) assault with intent to rob

Actus reus of robbery

• AR of theft - theft must be proved, so defense to theft is a defense to robbery: Robinson [1977] Crim LR 173
• Use force on another person
  • force = ordinary English word
  • DPP v RP [2012] EWHC 1657 (Admin)
• OR Puts or seeks to put any person in fear of being then and there subjected to force-Khan [2001] EWCA Crim 923
• immediately before or at the time [of stealing]
  • Hale [1979] 68 Cr App R 415

Mens rea of robbery

• MR of theft
• Force must be intentional (“in order” to steal...)