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.
Chapter
8. Theft, Handling, and Robbery
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
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
8. Theft, Handling, and Robbery
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.
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.
