Offences Against Property

Section 1 (1) of the Criminal Damage act 1981 sets  out the offence of destroying or damaging property stating: 

"A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence."

Points to Prove

• Suspect Destroyed or damaged Property

• The suspect intended or was reckless as to the destroying or damaging of the property

Section 1 of the theft act 1968 defines theft as:

The dishonest appropriation of any property belonging to another with the intention of permanently depriving the other of it.

Points to Prove

• The suspect was dishonest

• The suspect appropriated property

• The property is something that could be stollen

• The property bellowed to another

• The suspect intended to permanently deprive the other of it

Examples

• Taking a storage box from the ground next to someone 

• An individual taking their own vehicle that the police have seized. 

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."

Points to Prove

• A theft occurred

• Immediately before or at the time of the theft the suspect use force or a threat of force.

Example

• Threatening to shoot someone if they don't give you items or drop items

Section 9 of the theft act 1968 sets out 2 offences of robbery

"A person is guilty of burglary if—

(a)he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below; or

(b)having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm."

Points to Prove Section 9a Burglary

• the suspect entered a building or part of a building

• As a trespasses

• the suspect intended to commit theft, GBH or criminal damage

Points to Prove Section 9a Burglary

• the suspect entered a building or part of a building

• As a trespasses

• the suspect commits theft or criminal damage

Example

• Stealing from a cash register inside a shop

• Breaking the door int he secure area of a bank

Section 10 of the theft act 1968 sets out 2 offences of robbery

"A person is guilty of aggravated burglary if he commits any burglary and at the time has with him any firearm or imitation firearm, any weapon of offence, or any explosive; and for this purpose—

(a)“firearm” includes an airgun or air pistol, and “imitation firearm” means anything which has the appearance of being a firearm, whether capable of being discharged or not; and

(b)“weapon of offence” means any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him for such use; and

(c)“explosive” means any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person having it with him for that purpose."

Points to Prove

• Burglary was committed

• Suspect had in their possession any firearm, explosive or offensive weapon

Example

• Stealing from a ship while in possession of a knife

• Breaking into a police station and attacking an officer with a weapon

Section 2 of the Fraud act 2006 sets down the offence of fraud by false representation as:

With the intention of making a gain for themselves or causing loss or the risk of loss to another, an individual makes a representation that is untrue or misleading

Points to Prove

• Suspect made a representation that was knowingly untrue/ misleading;

• Suspect intended to either:

  • Make a gain for themselves;

  • Cause a loss to another;

  • expose another to loss;