100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Criminal Law - Theft £8.49   Add to cart

Other

Criminal Law - Theft

 6 views  0 purchase

Comprehensive notes on Criminal Law in the UK, on theft.

Preview 3 out of 17  pages

  • November 12, 2022
  • 17
  • 2023/2024
  • Other
  • Unknown
All documents for this subject (20)
avatar-seller
sirjacktan
Criminal Law Revision Notes




THEFT: PROPERTY OFFENCES



________________________________________________________________________________________________________

A) INTRODUCTION

Property Offences

→ Property is one of two property offences.
→ There a number of offences closely related to theft (i.e. robbery – theft using force/ threat thereof).

Rationale behind the offence of theft

! There are other closely related offences. This set of notes will focus on the theft of property.

→ Theft is an offence because we want to protect private property.
→ There is an overlap between criminal law and private law of property.
→ However, note that the Theft Acts do not rewrite law of property, but rather assumes it. That does not mean that civil law
and criminal law is always on same page – criminal and private law have different purposes and may not always have same
answers.

Difficulty in determining theft offences

→ Over time, law of theft has become broad, slippery and somewhat counter-intuitive. Certain odd questions may come up,
some of which are seen below:

Can you steal your own property?
Is it stealing if it is a gift?
Can you steal something someone did not even know they possessed?
Can you steal by breaking something?

→ There is a problem regarding morality as well. No all accused are typical criminals, can be people who think that what they
are doing is innocent/ harmless.


______________________________________________________________________________________________

,Criminal Law Revision Notes

______________________________________________________________________________________________

B) THEFT: AN OVERVIEW

! Theft, like sexual offences, is codified, which does not make it easy, but makes it difficult to side track.

s.1(1) Theft Act 1968

→ A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently
depriving the other of it; and “thief” and “steal” shall be construed accordingly.

! This is very straightforward in the pickpocketing scenarios, but you will come to realise that there are more nuances involved.

→ s.2-6: Further clarification of each of these elements; though they are not thorough and definitive.

→ s.7: Maximum 7 years in prison

______________________________________________________________________________________________

, Criminal Law Revision Notes

______________________________________________________________________________________________

C) ELEMENTS OF THEFT

Actus Reus

1. Appropriation (What does that mean?)

2. Property (What qualifies as property? What does it mean to own?)

3. Belonging to another



Mens Rea

1. Dishonestly

2. Intent to Permanently Deprive

______________________________________________________________________________________________

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller sirjacktan. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for £8.49. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

83637 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now

Start selling
£8.49
  • (0)
  Add to cart