Introduction to Property Offences

In this chapter, we are looking at the Theft Act 1968. This is one of the most important pieces of legislation in criminal law because it deals with how the law protects our belongings. We will break down four specific crimes: theft, robbery, burglary, and blackmail.

Think of these as a "ladder" of crimes. They all involve taking or demanding things that don't belong to you, but the circumstances—like using a weapon or breaking into a house—change which crime has been committed. Don't worry if the legal language feels heavy; we will take it one step at a time!

1. Theft (Sections 1-6)

Theft is the foundation for many other crimes. Under section 1 of the Theft Act 1968, a person is guilty of theft if they "dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it."

To prove theft, the prosecution must show five elements. Three of these are the actus reus (the physical act) and two are the mens rea (the mental state).

The Actus Reus of Theft

  • Appropriation (Section 3): This means "assuming the rights of an owner." It’s not just taking something; it could be keeping it, selling it, or even destroying it. Example: Picking up a watch in a shop and putting it in your pocket is an appropriation.
  • Property (Section 4): This includes money and all other property, real or personal. It includes "things in action" (like money in a bank account) and other intangible property.
  • Belonging to another (Section 5): Property belongs to anyone who has possession or control of it, or a proprietary right. Note: You can actually steal your own car if you take it from a garage without paying for repairs, because the garage has "possession and control" of it!

The Mens Rea of Theft

  • Dishonesty (Section 2): The Act doesn't define what is dishonest, but it gives three situations that are not dishonest:
    1. If the person believes they have a legal right to the property.
    2. If they believe the owner would consent.
    3. If they believe the owner cannot be found by taking reasonable steps.
  • Intention to permanently deprive (Section 6): The person must intend to take the property for good. It is also theft if they treat the property as their own to dispose of regardless of the owner's rights (e.g., taking a ticket, using it, and then returning the "paper").

Key Takeaway: Theft = \(Appropriation + Property + Belonging\) (The Act) AND \(Dishonesty + Intention\) (The Mind).

2. Robbery (Section 8)

Robbery is often described as "theft with force." It is a more serious offence than simple theft because it involves a threat to a person’s safety.

According to section 8, a person is guilty of robbery if they steal, and immediately before or at the time of doing so, and in order to do so, they use force on any person or put any person in fear of being then and there subjected to force.

The Ingredients of Robbery:

  1. A completed theft: All elements of theft (Sections 1-6) must be present. If there is no theft, there is no robbery.
  2. Force or threat of force: This can be very slight (like nudging someone to steal their wallet).
  3. Timing: The force must happen at the time of or immediately before the theft.
  4. Purpose: The force must be used in order to steal. If you punch someone because you dislike them and then notice their phone fell out and decide to take it, that is assault and theft, but not necessarily robbery!

Quick Review: Think of the formula \(Theft + Force = Robbery\).

3. Burglary (Section 9)

Burglary is not just about stealing; it’s about invading a private space. There are two ways to commit burglary under the Theft Act 1968. Both require the defendant to enter a building or part of a building as a trespasser.

Section 9(1)(a) – Intent at the time of entry

The person enters a building as a trespasser with the intent to:
- Steal anything in the building, OR
- Inflict grievous bodily harm (GBH) on any person therein, OR
- Do unlawful damage to the building or anything therein.
Note: They don't actually have to succeed in stealing; the intent when they cross the threshold is what matters.

Section 9(1)(b) – Committing the offence once inside

The person, having entered as a trespasser, actually:
- Steals or attempts to steal anything, OR
- Inflicts or attempts to inflict GBH on any person.
Note: This section does not include criminal damage once inside.

Common Mistake: Students often forget that "part of a building" counts. If a person has permission to be in a shop but sneaks into the "Staff Only" back room to steal a coat, they are a burglar because they are a trespasser in that part of the building.

4. Blackmail (Section 21)

Blackmail is defined in section 21. It involves making an unwarranted demand with menaces to make a gain for oneself or cause a loss to another.

The Four Elements of Blackmail:

  1. The Demand: This can be express (spoken/written) or implied. It doesn't even have to reach the victim to be a demand.
  2. With Menaces: "Menaces" is a strong word for threats. This can be a threat of violence, but also a threat to expose a secret or damage property.
  3. The Demand is "Unwarranted": A demand is unwarranted unless the person believes they have reasonable grounds for making it AND that the use of menaces is a proper means of reinforcing the demand.
  4. View to Gain or Intent to Cause Loss: Defined in section 34, "gain" and "loss" only refer to money or other property.

Example: If a person says, "Give me £50 or I will tell your boss you were late," that is blackmail. The demand for money is unwarranted, and telling the boss is the "menace."

Did you know? Even if the person is demanding money that is actually owed to them, it can still be blackmail if the threat they use (the menaces) is considered an improper way to get it back.

Summary Table for Quick Revision

Offence Theft Act Section Key Concept
Theft Section 1 Dishonestly taking property to keep it forever.
Robbery Section 8 Theft accompanied by force or threat of force.
Burglary Section 9 Entering as a trespasser with intent to steal/GBH/damage or committing theft/GBH once inside.
Blackmail Section 21 Unwarranted demands with menaces to gain money/property.

Don't forget: If the scenario involves a trick or lying, you might also need to look at the Fraud Act 2006, which is covered in the next chapter!