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.
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The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary and advice on study skills. This chapter presents sample exam questions on theft, fraud, and other property offences such as robbery and burglary, along with suggested answers. The law of property is vast, and contained in a number of different pieces of legislation. As this chapter explains, the Fraud Act 2006 was designed to replace many of the discrepancies and inconsistencies in the diverse provisions of the Theft Acts of 1968 and 1978. It pays to be methodical in approaching property problems. Dishonesty is an important concept throughout the property offences. The recent decision in Ivey v Genting Casinos, which has an important effect on the definition of dishonesty in criminal law, is dealt with in detail in this chapter.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter examines six offences: criminal damage, robbery, burglary, handling stolen goods, making off without payment, and squatting. What the offences share is that they relate in some way to property. Although rarely examined on their own, these topics are often assessed as part of bigger questions, sometimes incorporating other offences (eg theft, assault) and sometimes involving aspects of the general defences too.
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Michael J. Allen and Ian Edwards
Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter discusses offences under the Theft Acts of 1968 and 1978. Theft and related offences are concerned with interferences with the rights and interests others have in property. The chapter covers each element of the offence of theft, robbery, and offences involving temporary deprivation. It discusses the meaning of ‘dishonesty’, including the Supreme Court’s decision in Ivey v Genting Casinos UK Ltd (2018), which held that the two-part Ghosh test for dishonesty no longer applies. The feature on ‘The law in context’ analyses critically the criminalisation of ‘freeganism’.
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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
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter examines six offences: criminal damage, robbery, burglary, handling stolen goods, making off without payment, and squatting. What the offences share is that they relate in some way to property. Although rarely examined on their own, these topics are often assessed as part of bigger questions, sometimes incorporating other offences (eg theft, assault) and sometimes involving aspects of the general defences too.
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This chapter examines property offences in Great Britain, focusing on theft, robbery, and handling. It explains that these three are in the top ten list of the most frequently occurring property offences in Britain. 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 recent civil case of Ivey v Genting Casinos (UK) Limited (Crockfords).
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David Ormerod and Karl Laird
Smith, Hogan, and Ormerod’s Criminal Law: Text, Cases, and Materials is a guide to the criminal law. The text is supplemented by extracts from the key criminal law cases, together with other essential materials from statutes, reports, and articles. This edition has been significantly revised and restructured to present the materials in an order that closely matches the structure of contemporary courses on criminal law. The latest legislation and all of the recent cases that continue to shape the law are included. The book has, from the first edition, examined all the aspects of the criminal law that would be expected to be found in the undergraduate syllabus, and has been revised and restructured to ensure that this latest edition reflects the modern undergraduate course.
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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).
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This chapter discusses property offences. These include theft, taking a conveyance without consent, robbery, blackmail, burglary, handling stolen goods, and criminal damage. Among these, the offence receiving the most detailed treatment is theft. The current definition of theft dates back to 1968, long before the time when it became possible to hold and transfer money and other items (such as photographs) electronically, and the courts have sought to interpret the law in such a way that it can meet this challenge. But, in seeking to modernize the law’s approach to new forms of property holding and transfer, has the definition become too wide?
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This chapter discusses property offences. These include theft, taking a conveyance without consent, robbery, blackmail, burglary, handling stolen goods, and criminal damage. Amongst these, the offence receiving the most detailed treatment is theft. The current definition of theft dates back to 1968, long before the time when it became possible to hold and transfer money and other items (such as photographs) electronically, and the courts have sought to interpret the law in such a way that in can meet this challenge. But, in seeking to modernize the law’s approach to new forms of property holding and transfer, has the definition become too wide?
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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter describes those who help or encourage thieves. They are usually convicted for the more serious offence of handling stolen goods. The definition of appropriation and dishonesty is one of the principal problems of theft. Dishonesty is the central component of fraud offence under the Fraud Act 2006. Robbery merges the utilisation of force or fear of subjection to force. Aggravated burglary is triable on indictment and has a maximum penalty of life imprisonment. Blackmail is the felony of money by threats. There is a huge overlap between money laundering offences and the more traditional offence of handling stolen goods.
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This chapter begins with a discussion of the law on theft, robbery, assault with intent to rob, handling stolen goods, and money laundering offences. Theft is committed where the defendant has dishonestly appropriated property belonging to another with the intention to deprive the other of it permanently. The offence of robbery involves the defendant using force at the time of, or immediately before, a theft. The offence is also committed where the defendant causes the victim to fear that force will be used but does not actually use force. The second part of the chapter focuses on the theory of theft, covering property offences; the debate over Gomez; the Hinks debate; temporary appropriation; dishonesty; robberies; and handling stolen goods.
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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.
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This chapter looks at some of the offences under the Theft Act 1968 (TA 1968) and the sole remaining offence under the Theft Act 1978. It discusses theft and related offences, namely, robbery, removal of an article from a place open to the public, taking a conveyance, and aggravated vehicle-taking. Theft is governed by the Theft Act 1968 (TA 1968), ss 1 to 7. According to TA 1968, s 1(1), theft involves dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it.
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This chapter discusses the Roman law of delict. It covers wrongful damage to property; theft and robbery; insulting behaviour; praetorian delicts; liability for damage caused by animals; and the quasi-delict. A delict, as one of the main sources of an obligation, can be defined in broad terms as a wrongful act which causes damage to someone’s personality, his family, or his property, and for which the victim or his heirs is entitled to compensation. There is an obvious parallel between the Roman delict and the common law tort; but the analogy should not be pursued too far since the Roman law of delict had a strong penal element—the law penalized the conduct of the wrongdoer, as well as ensuring that the victim was adequately compensated.
