Definition:

“A person is guilty of theft if they dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it.”

Elements:

Appropriation (s.3) – Any assumption of the rights of an owner.

• R v Morris [1984] – Switching labels in a shop was an appropriation.

• R v Gomez [1993] – Consent obtained by deception still counts as appropriation.

Property (s.4) – Includes money, personal property, real property, things in action, and other intangible property.

Belonging to another (s.5) – Property belongs to anyone with possession, control, or proprietary interest.

• R v Turner (No 2) [1971] – A person can steal their own property if it’s in another’s lawful possession.

Dishonesty (s.2) – No statutory definition, but the Ghosh test was replaced by:

• Ivey v Genting Casinos [2017] – Dishonesty is judged by the standards of ordinary decent people (objective only).

Intention to permanently deprive (s.6) – Treating property as one’s own, even temporarily, can satisfy this if equivalent to outright taking.

• R v Velumyl [1989] – Taking money intending to return different notes still counts as theft.

Definition:

“A person is guilty of robbery if they steal and, immediately before or at the time of doing so, use or threaten force on any person in order to steal.”

Elements:

• Theft – All elements of theft must be proven.

• Force or threat of force – Must be used immediately before or during the theft.

• Purpose – The force must be used in order to steal.

Cases:

• R v Dawson and James [1976] – Even a small push can amount to force.

• R v Hale [1979] – Theft can be a continuing act, allowing force after the initial taking to count as robbery.

Two forms:

• s.9(1)(a): Entry as a trespasser with intent to steal, inflict GBH, or cause unlawful damage.

• s.9(1)(b): Having entered as a trespasser, actually stealing or attempting to steal, or inflicting/attempting GBH.

Key Points:

• Entry: Need only be “effective” (R v Brown [1985]).

• Trespass: Entering without permission or exceeding permission (R v Jones and Smith [1976]).

Definition:

Destroying or damaging property belonging to another without lawful excuse.

Elements:

• Destroy or damage – Includes permanent or temporary impairment (R v Hardman [1986] – chalk drawings counted).

• Property – Tangible property only.

• Belonging to another – Same concept as in theft.

• Mens rea – Intention or recklessness as to destroying or damaging property.

Aggravated Criminal Damage (s.1(2)) – Same elements, but with intent or recklessness as to endangering life by the damage.

Case: R v Dudley [1989] – Intent to endanger life by damage itself, not separate acts.

Fraud can be committed in several ways:

• By false representation (s.2)

• By failing to disclose information (s.3)

• By abuse of position (s.4)

All require dishonesty and intent to make a gain or cause a loss.

Case: R v Idrees [2011] – Fraud by false representation when arranging someone else to take a driving test.