Offences Against Property

Offences against property are a core part of criminal law. The Theft Act 1968 is the main piece of legislation governing these offences in England and Wales. This revision guide focuses on three major offences: theft, robbery, and burglary. Understanding the definitions, actus reus (guilty act), and mens rea (guilty mind) for each is essential for exam success.

Theft under Section 1 of the Theft Act 1968

Definition of Theft

Theft is defined by section 1 of the Theft Act 1968 as follows: “A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.”

Actus Reus of Theft

• Appropriation: Any assumption of the rights of an owner over the property (section 3).
• Property: Includes money and all other property, real or personal, including things in action and other intangible property (section 4).
• Belonging to Another: Property is regarded as belonging to any person having possession or control of it, or having any proprietary right or interest (section 5).

Mens Rea of Theft

• Dishonesty: The defendant must act dishonestly. The Theft Act does not define dishonesty, but section 2 provides some guidance (e.g., belief in legal right to deprive, owner’s consent, or inability to trace owner).
• Intention to Permanently Deprive: There must be an intention to treat the property as their own to dispose of regardless of the other's rights (section 6).

Robbery under Section 8 of the Theft Act 1968

Definition of Robbery

Section 8 of the Theft Act 1968 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.”

Actus Reus of Robbery

• Theft: There must be a completed theft as defined above.
• Use or Threat of Force: Force must be used or threatened against any person.
• Timing: The force or threat must occur immediately before or at the time of the theft.
• Purpose: The force or threat must be used in order to steal.

Mens Rea of Robbery

• Mens Rea for Theft: The defendant must have the mens rea for theft (dishonesty and intention to permanently deprive).
• Intent to Use Force: There must be intention to use force to steal.

Burglary under Sections 9(1)(a) and 9(1)(b) of the Theft Act 1968

Definition of Burglary

Burglary is defined in section 9 of the Theft Act 1968. There are two types:

• Section 9(1)(a): A person is guilty if they enter any building or part of a building as a trespasser with intent to steal, inflict grievous bodily harm (GBH), or do unlawful damage.
• Section 9(1)(b): A person is guilty if, having entered as a trespasser, they steal or attempt to steal anything, or inflict or attempt to inflict GBH.

Actus Reus of Burglary

• Entry: The defendant must enter a building or part of a building. Entry need not be the whole body, but must be effective.
• Building or Part of a Building: The structure must be considered a building or part thereof, including inhabited vehicles or vessels.
• As a Trespasser: The entry must be unauthorised; the defendant must not have permission or must exceed any permission given.

Mens Rea of Burglary

• Section 9(1)(a): The defendant must have intent to commit theft, inflict GBH, or do unlawful damage at the time of entry, plus knowledge or recklessness as to trespassing.
• Section 9(1)(b): The defendant must have the mens rea for theft or GBH (depending on the act committed after entering), as well as knowledge or recklessness as to trespassing.

Summary and Key Points

• Theft, robbery, and burglary are key offences against property under the Theft Act 1968.
• Theft requires dishonest appropriation of property belonging to another, with intent to permanently deprive.
• Robbery is theft accompanied by force or the threat of force, used immediately before or during the theft.
• Burglary involves entry as a trespasser into a building with intent to commit theft, GBH, or criminal damage (s9(1)(a)), or committing/attempting theft or GBH having entered as a trespasser (s9(1)(b)).
• For all offences, understanding actus reus and mens rea is crucial for exam success.