Robbery is an aggravated form of theft and is considered an extremely serious offence that carries a maximum life sentence and in practice attracts substantial sentences. It was put on a statutory footing in s 8 of the Theft Act 1968 and is triable only on indictment. The offence is very broad, applying to thefts in many circumstances ranging from the work of sophisticated gangs and armed bank robbers, to extreme forms of playground bullying. This chapter examines robbery and the requirement of theft, coupled with the use or threat of force in committing theft, and the mens rea of robbery.
Chapter
19. Robbery
Chapter
19. Robbery
David Ormerod and Karl Laird
Robbery is an aggravated form of theft and is considered an extremely serious offence that carries a maximum life sentence and in practice attracts substantial sentences. It was put on a statutory footing in s 8 of the Theft Act 1968 and is triable only on indictment. The offence is very broad, applying to thefts in many circumstances ranging from the work of sophisticated gangs and armed bank robbers to extreme forms of playground bullying. This chapter examines robbery and the requirement of theft coupled with the use or threat of force in committing theft, and the mens rea of robbery.
Chapter
20. Offences of temporary deprivation
Theft involves an intention to deprive another permanently of their property. The criminal law has also devised offences involving temporary deprivation of property, including the taking of vehicles and the taking of vessels, both of which are currently dealt with in s 12 of the Theft Act 1968. The Theft Act 1968 also includes another offence of temporary deprivation: removal of articles from places open to the public. In this case, the article must be removed from the building or from its grounds before the actus reus and mens rea of the offence can be completed. In other words, removal from the building to the grounds or vice versa will suffice.
Chapter
24. Blackmail and related offences
This chapter deals with blackmail and related offences. The crime of blackmail involves making any unwarranted demand with menaces. Blackmail initially appears to have been coextensive with robbery and attempted robbery, but has since embraced more subtle methods of extortion. The law is currently set out in s 21 of the Theft Act 1968. This chapter considers unwarranted demand, the paradox of blackmail, the requirement of a view to gain or intent to cause loss, unlawful harassment of debtors, and other offences based on threats including threats to kill, threats to damage property, threats of food terrorism, demanding payment for unsolicited goods with threats, robbery, assaults, threats of violence for the purpose of securing entry to premises, and sending malicious communications.
Chapter
26. Handling and related offences
This chapter deals with handling stolen goods and related offences. Under s 22 of the Theft Act 1968, a person who dishonestly receives goods, or dishonestly undertakes or assists in their retention, removal, disposal, or realization by or for the benefit of another person, or if they arrange to do so knowing or believing that the goods are stolen, is guilty of the offence of handling stolen goods. English criminal law treats this offence as an independent crime rather than one of being an ‘accessory after the fact’ to theft. The chapter considers the actus reus and mens rea of handling stolen goods, when goods cease to be stolen, handling by omission, the ‘doctrine’ of recent possession, dishonest retention of a wrongful credit, advertising for the return of stolen goods, and money laundering.
Chapter
10. Burglary and Blackmail
This chapter discusses the law and theory on burglary and blackmail. The offence of burglary is committed where a defendant enters a building as a trespasser with intent to commit one of the offences listed in section 9 of the Theft Act 1968. It is also committed where a defendant has entered a building as a trespasser and then committed one of a list of other offences. To be guilty of blackmail, a defendant must make unwarranted demands with menaces with a view to making a gain for themselves or a loss to another.
Chapter
20. Offences of temporary deprivation
David Ormerod and Karl Laird
Theft involves an intention to deprive another permanently of their property. The criminal law has also devised offences involving temporary deprivation of property including the taking of vehicles and the taking of vessels, both of which are currently dealt with in s 12 of the Theft Act 1968. The Theft Act 1968 also includes another offence of temporary deprivation: removal of articles from places open to the public. In this case, the article must be removed from the building or from its grounds before the actus reus and mens rea of the offence can be completed. In other words, removal from the building to the grounds or vice versa will suffice.
Chapter
24. Blackmail and related offences
David Ormerod and Karl Laird
This chapter deals with blackmail and related offences. The crime of blackmail involves making any unwarranted demand with menaces. Blackmail initially appears to have been coextensive with robbery and attempted robbery, but has since embraced more subtle methods of extortion. The law is currently set out in s 21 of the Theft Act 1968. This chapter considers unwarranted demand, the paradox of blackmail, the requirement of a view to gain or intent to cause loss, unlawful harassment of debtors and other offences based on threats including threats to kill, threats to damage property, threats of food terrorism, demanding payment for unsolicited goods with threats, robbery, assaults, threats of violence for the purpose of securing entry to premises and sending malicious communications.
Chapter
26. Handling and related offences
David Ormerod and Karl Laird
This chapter deals with handling of stolen goods and related offences. Under s 22 of the Theft Act 1968, a person who dishonestly receives goods, or dishonestly undertakes or assists in their retention, removal, disposal or realization by or for the benefit of another person, or if he arranges to do so knowing or believing that they are stolen goods, is guilty of the offence of handling stolen goods. English law treats this offence as an independent crime rather than one of being an ‘accessory after the fact’ to theft. The chapter considers the actus reus and mens rea of handling stolen goods, when goods cease to be stolen, handling by omission, the ‘doctrine’ of recent possession, dishonest retention of a wrongful credit, advertising for the return of stolen goods and money laundering.
Chapter
10. Burglary and Blackmail
This chapter discusses the law and theory on burglary and blackmail. The offence of burglary is committed where a defendant enters a building as a trespasser with intent to commit one of the offences listed in section 9 of the Theft Act 1968. It is also committed where a defendant has entered a building as a trespasser and then committed one of a list of other offences. To be guilty of blackmail, a defendant must make unwarranted demands with menaces with a view to making a gain for themselves or a loss to another.
Chapter
23. Other offences involving fraud
This chapter focuses on other offences involving fraud, including false accounting, false statements by company directors, suppression of documents, and cheating the public revenue—offences that are addressed in s 17 of the Theft Act 1968. Section 17(1)(a) criminalizes falsification of accounts, etc, whereas s 17(1)(b) criminalizes using a falsified account, etc. Section 17(2) provides an extended, albeit non-exhaustive, definition of falsity. The concept of a claim of right includes a claim to the payment of a debt. If a person genuinely believes in the claim of right to the money to which they act with a view to gain, there is no reason why they should use false means (evidencing their dishonesty) to acquire that money. This chapter also discusses elements of the fraud-related offences including ‘gain’ and ‘loss’ as defined in s 34(2)(a) of the Theft Act 1968.
Chapter
25. Burglary and related offences
Burglary is an offence under the Theft Act 1968. The offence is not confined to ‘breaking and entering’ in order to steal, but involves entering any building or part of a building as a trespasser and with intent to steal anything in the building, or inflict or attempt to inflict on any person therein any grievous bodily harm. A separate form of burglary is found in s 9(1)(b) of the Theft Act 1968 where a person has entered as a trespasser and thereafter attempted to steal, actually stolen something, inflicted grievous bodily harm, or attempted to inflict grievous bodily harm. This chapter explores burglary and related offences, and also discusses aggravated burglary and the articles of aggravation (weapons), as well as trespass with intent to commit a sexual offence.
Chapter
9. Theft and other property offences
This chapter deals with offences against property, a category of offences that criminalise conduct such as the dishonest taking of another’s property (eg theft, robbery), possessing stolen or criminal property (eg handling stolen goods, money laundering), and damaging another’s property (eg criminal damage, arson). Beyond such crimes, there are also a number of specific technical offences designed to protect particular property rights, such as those relating to vehicle misuse and intellectual and/or digital property. The final sections of the chapter outline potential options for legal reform and the application of property offences within problem questions. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.
Chapter
9. Theft and other property offences
David Ormerod and John Child
This chapter deals with offences against property, a category of offences that criminalise conduct such as the dishonest taking of another’s property (e.g. theft, robbery), possessing stolen or criminal property (e.g. handling stolen goods, money laundering), and damaging another’s property (e.g. criminal damage, arson). Beyond such crimes, there are also a number of specific technical offences designed to protect particular property rights, such as those relating to vehicle misuse and intellectual and/or digital property. The final sections of the chapter outline potential options for legal reform and the application of property offences within problem questions. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.
Chapter
23. Other offences involving fraud
David Ormerod and Karl Laird
This chapter focuses on other offences involving fraud, including false accounting, false statements by company directors, suppression of documents and cheating the public revenue—offences that are addressed in s 17 of the Theft Act 1968. Section 17(1)(a) criminalizes falsification of accounts, etc, whereas s 17(1)(b) criminalizes using a falsified account, etc. Section 17(2) provides an extended, albeit non-exhaustive, definition of falsity. The concept of a claim of right includes a claim to the payment of a debt. If a person genuinely believes in the claim of right to the money to which he acts with a view to gain, there is no reason why he should use false means (evidencing his dishonesty) to acquire that money. This chapter also discusses elements of the fraud-related offences including ‘gain’ and ‘loss’ as defined in s 34(2)(a) of the Theft Act 1968.
Chapter
25. Burglary and related offences
David Ormerod and Karl Laird
Burglary is an offence under the Theft Act 1968. The offence is not confined to ‘breaking and entering’ in order to steal, but involves entering any building or part of a building as a trespasser and with intent to steal anything in the building or inflict or attempt to inflict on any person therein any grievous bodily harm. A separate form of burglary is found in s 9(1)(b) of the Theft Act 1968 where a person has entered as a trespasser and thereafter attempted to steal, actually stole something, inflicted grievous bodily harm or attempted to inflict grievous bodily harm. This chapter looks at burglary and related offences and also discusses aggravated burglary and the articles of aggravation, as well as trespass with intent to commit a sexual offence.
Chapter
10. Property offences 1: theft, robbery, burglary, and handling
This chapter examines property offences in England and Wales, focusing on theft, burglary, robbery, and handling. The chapter outlines the general principles of these offences and discusses their actus reus and mens rea elements. It looks at the key provisions of the Theft Act 1968 including the s1 definition of theft in the Act and analyses the bases of court decisions in several examples of relevant cases. It discusses property and appropriation. It also discusses recent changes to the definition of dishonesty and how juries are now asked to assess dishonesty after the civil case of Ivey v Genting Casinos (UK) Ltd (Crockfords).
Chapter
11. Property offences 2: fraud and other property offences
This chapter examines property offences focusing on fraud, making off without payment, blackmail, and criminal damage. It explains the key provisions of the Fraud Act 2006 for different types of fraud, including fraud by false representation, fraud by failing to disclose information, fraud by abuse of position, and obtaining services dishonestly. It clarifies the difference between fraud and the previous offences of deception. The chapter then discusses burglary, aggravated burglary, criminal damage, and blackmail and identifies the types of legal defence that can be successfully employed for these offences. It also considers racially and religiously aggravated criminal damage, criminal damage endangering life, and arson.
