Offenses Against Property PDF

PROPERTY OFFENCES

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
TASK 1 - THEFT AND ROBBERY...............................................................................................1
A. Offence of theft .................................................................................................................1
B. Offence of robbery.............................................................................................................1
TASK 2 - BURGLARY AND AGGRAVATED BURGLARY.....................................................2
A. Offence of burglary..........................................................................................................2
B. Offence of aggravated burglary.........................................................................................3
TASK 3 - GOODS RELATED OFFENCES ..................................................................................1
A. Difference between handling, receiving, undertaking and assisting stolen goods............1
B. Offence of ‘making off without payment’.........................................................................1
TASK 4 – FRAUD ..........................................................................................................................2
A. Fraud by false representation ............................................................................................2
B. Fraud by failing to disclose information............................................................................3
C. Fraud by abuse of position ................................................................................................3
D. Obtaining services dishonestly .........................................................................................4
TASK 5 - CRIMINAL DAMAGE..................................................................................................5
A. The offence of criminal damage .......................................................................................5
B. Offence of aggravated criminal damage. ..........................................................................5
CONCLUSION................................................................................................................................6
REFERENCES ...............................................................................................................................7

INTRODUCTION
Today in most of the communities or societies, property offences have become prevalent
in almost all the courts of law. There have been cases related to property offences in various
countries all around the world. There are various kinds of property offences under statute and
common law that has been imposed by the government. These offences consist of highly
complicated relationships between the property itself, whose property is in someone's possession
or not in possession. The property offences are common in United Kingdom; in this context, a
detailed and close analysis of property offences will be focused in the present report. It will
identify various offences and laws such as burglary, criminal damage etc. The offences related to
goods and fraud will be also included here.
TASK 1 - THEFT AND ROBBERY
A. Offence of theft
Actus reus sometimes known as an external element of any crime; it is a Latin word used
for guilty act which proved beyond reasonable doubt in collaboration with Mens rea. For
example –guilty mind develops criminal liability in common law based on criminal law
jurisdiction of Australia, New Zealand, United Kingdom and United States. Mens rea refers to a
guilty mind which is an essential part of crime. The standard common law test of liability related
to crime is generally expressed but the Latin phrase means an act does not make an individual
guilty unless his or her mind is also guilty (Ormerod and Perry, 2017).
B. Offence of robbery
Robbery is a crime of attempting or taking anything valuable by threat of force or by
putting victim in fear. According to a common law, robbery is outlined as taking someone's
property with intent to permanently deprive an individual of that specific property, by means of
fear or force. It is characterized as theft. Robbery is generally treated as an aggravated type of
common law larceny. Particular definitions and elements vary from state to state.
The basic elements of robbery are mentioned below -
 Trespassory
 Carrying or taking away of personal or someone's property
 An intention to steal
 Presence of the victim or person
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 By force or fear
The above listed elements are similar as common law larceny; there are two factors that
aggravated the offence to common law robbery and are defined below -
From presence of the victim, or person – Robbery needs that the property or belonging be
taken or carried directly from the owner or victim's presence. This differs from larceny which
simply needs that the property has been taken from the victim's ownership, constructive (Putwain
and et.al., 2017).
By force or threat of force – The use or threat of force is shaping element of a robbery that can
be done with a force of fear or threat. Questions related to the level of force essential for robbery
have been the subject of law.
TASK 2 - BURGLARY AND AGGRAVATED BURGLARY
A. Offence of burglary
Burglary is treated as a statutory offence in English law; this criminal activity is defined
under section 9 of the Theft act 1968 which states that a person is guilty by burglary if -
 He or she gets into any building or area as a trespasser with an intention to commit such
crime.
 He or she has entered in a building or area as a trespasser and attempt to steam or steak
anything within the building or its part. Or any situation in which an individual tries to
bodily harm or attempt to harm any person (Brennan and et.al., 2018).
An individual guilty of burglary might be on conviction or on indictment that could be
liable for imprisonment; if the offence is committed in someone's home or place to live then the
imprisonment term will be of 14 years whereas in other cases, its 10 years.
The elements of this offence can be described as below -
1. Entry – Normally, it is not difficult to obtain the physical evidence of entry but it can be
sometimes help to determine whether an entry that has occurred in law.
2. Building or part of a building – The term building is not defined under the Theft Act
1968 but according to section 9(4), the word building consists of an inhabited vessel or
vehicle therefore caravans, houseboats and motor homes are protected by this law even if
it is occupied temporarily.
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3. As a Trespasser – An individual has a permission to enter a property for one purpose
which in fact enter by other intention that may become a trespasser (Palgrave and et.al.,
2018).
4. With intent – The intention of committing offence, being an important element of
burglary needs evidence beyond sensible doubts.
5. Mens Rea - In the Section 9(1) offence, mens rea is crime committed without any
intention for example, if grievous bodily harm is imposing, doubt will be adequate to set
up liability.
B. Offence of aggravated burglary
A person or individual is found guilty of aggravated burglary by section 10 of the Theft
act 1958, when he or she commits any burglary with an offensive weapon. As discussed earlier,
Burglary is an offence where an individual attempt to steal or harm physically while entering
into a building. In order to prove aggravated burglary, it is essential to first prove this offence.
Feature of Aggravated Burglary can be described as below -
 Once the offence of burglary is proved, it is important to determine what or which
weapon of offensive activity was carried or had with the defendant at the time of crime
making it as an aggravated burglary.
 An offensive weapon is made for the purpose of causing injury or harm to the victim or
any person belonging to the building. The weapon can be a knife, explosives, firearm or
imitation firearm.
 The aggravated burglary is proved when a weapon is used within the burglary for stealing
or harming an individual to forcefully take his or her property or belongings.
The following elements required to prove aggravated burglary offence -
 The defendant had an offensive weapon
 The defendant had it during the time of burglary
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TASK 3 - GOODS RELATED OFFENCES
A. Difference between handling, receiving, undertaking and assisting stolen goods
Handling stolen goods
The offence of handling stolen items or goods is a serious and dishonest offence under
Section 22 of the Theft Act 1968.
If a person or an individual is accused of handling stolen goods, then the prosecution must be
proved as follows: -
 A person has received stolen goods
 He or she agreed to assist in retention of the stolen goods
 The person disposed or agreed to dispose the stolen goods
 Individual believed or knew that those goods or items were stolen.
In most cases, people accused of handling stolen goods and might consider them as
guilty. An ordinary example is that when a person purchases a television or second-hand
computer, and it later turned out that that item has been stolen. Unless the person believes or
knows that the goods have been stolen, he or she has a defense in law and is not guilty.
Receiving stolen goods
Receiving stolen property is a crime to accept or buy a property which individual believe
or know was stolen or acquired through theft. This crime or offence is different from extortion,
robbery or theft. Receiving stolen property is treated as a crime in order to discourage people
from buying or purchasing stolen goods and rewarding thieves for doing a crime.
Undertaking and Assisting stolen goods
A person or an individual voluntarily helps in disposing or concealing of property which
he or she has a reason to believe or know it was stolen and would be punished with
imprisonment for a term of three years or with fine or with both.
B. Offence of ‘making off without payment’
Making off without payment is treated as statutory offence or crime in Northern Ireland,
England and the Republic of Ireland. It is developed by Section 3 of theft act 1978 which states
that a person who knows that the payment for any item or good is required on the spot or is
expected from him at the time of exchange; dishonesty makes off without paying as expected or
required with an intention to avoid cost of the due sum that shall be blamable for this offence.
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Mens rea of making off without payment
It consists of the following:
 Information or Knowledge that payment is expected or required on the spot
 Dishonesty
 Avoid payment without any intention to do so
TASK 4 – FRAUD
A. Fraud by false representation
False representation refers to a wrongful interpretation with regard to a material, fact, or
with belief or knowledge of its inaccuracy. False representation is dependent on odd conditions
and circumstances that are included in each and every case. It is the most common foundation
related to actions in context of deceit or fraud and also for equitable relief on the root of fraud.
Generally, false representations can be developed by words, acts or any other ways through
which ideas can be interacted from one person to another (Dugat-Bony and et.al., 2017). In
addition, a false representation can be made by concealing or disclosing various facts or by a
positive statement that is itself false.
According to Fraud Act, 2007, false representation section 2 can be explained as below -
1. An individual is breaching this section if he or she -
Dishonesty makes a false representation that intends by making any representation for benefits or
gains to one another or to cause losses or exposes to a risk of loss.
2. A representation is false if -
It is misleading or untrue and the person making it knows that it might be misleading or untrue.
3. Representation means any representation as to law or fact consisting a
representation as to the state of mind of -
An individual makes a representation for other person.
4. A representation may be implied or express
5. For the intention of this section, a representation is made and submitted in any
system or any form or device planned to convey, receive or react to communication
(with or without human participation).
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B. Fraud by failing to disclose information
The Fraud by failing to disclose information is governed under Section 3 of the Fraud Act
2006 which states that a person is guilty of fraud if he or she -
 Fails to disclose information to any other person
 when under a legal obligation to disclose that particulate information
 Deceitfully intending that failure that causes a loss or make profit (Weinborn and et.al.,
2017).
The offence said to be realized as soon as a person or an individual fail in disclosing
information provided for which he or she was under a legal obligation or duty to do, so that there
was a dishonesty intent for doing it. This act is different from other offences of deception as it is
incorporated whether anyone is deceived or not as well any property is really lost or gained.
When making decisions to prosecute a person under this offence, it is important to consider
various factors during investigation;
These factors are mentioned below -
 legal duty to disclose information
 Precise relation for obligation or duty
 Alleged or accurate information that the person failed to disclose.
C. Fraud by abuse of position
Fraud by abuse of position is covered under Section 4 of the Fraud act 2006, this offence
occurs if an individual occupies a place where he was expected to safeguard or to not act against
the financial interests of another individual, and abused that position’s dishonestly to cause a loss
or make profit (Lauritsen and Cork, 2017). It is essential to note that in terms of law, the abuse of
position may refer to an error as opposed to a law or act. The law commission has given a
detailed description for the word position with reference in Section 4 of the Fraud act but in
general, it refers to an orientation of trust in which transfer of more than a moral duty or
obligation occurs. It may consist of company’s trustees, directors, employees or business
partners.
There are two important factors which are considered while drafting a charge as mentioned
below -
 Nature of the relationship
 Nature of a particular abuse of position occurred
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The maximum penalty for this offence is a custodial sentence of 12 months or imprisonment for
1- years on conviction on indictment according to the legislation of UK.
D. Obtaining services dishonestly
Obtaining services dishonestly is governed by Section 11 of the Fraud Act 2006, it is a
statutory offence to achieve services dishonestly which means that services were paid got
achieved with an intention or knowledge that payment would not be made.
An individual found guilty in this act will be liable to imprisonment for upto twelve months
on summary conviction including fine, or a fine and imprisonment for upto five years on
conviction on indictment (Hunter, Shannon and Lozada, 2017).
Section 11 of the act is defined below -
1. An individual is guilty of an offence under section is he or she gets service for himself or
some other individual by a dishonest act or in a breach of Subsection 2.
2. An individual acquires services in breach of the subsection if -
 He or she obtained services without any payment with respect to the same.
 When an individual knows that on the basis of payment which has been, is being
or will be made with respect to the services.
The offence could be applied to directors of the organisations when they know that they
are performing business activities and operations with illegal practices. However, they are not
able to pay their bills or other expenses to suppliers and stakeholders of the company. On the
other hand, cases for active suspect in a long business fraud could be discovered by directors and
the business activities performed dishonestly to earn money can also be identified. Apart from
this, they also obtain services dishonestly along with deceitful trading or fraud that are charged
for deception or offence of obtaining services dishonestly.
TASK 5 - CRIMINAL DAMAGE
A. The offence of criminal damage
An individual without legal excuses that can get destructed or protected in any
geographical area belonging to someone shall be guilty of an offense (MacDonald and Pyle,
2018).
Offence: It allows the suspect to elect internal trial by jury on judicial instrument in the
Crown Government and compact trial in a jurist' government. It focusses on some different kinds
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of acts like The Criminal damage act, 1971. In addition, an individual without law someone
destroys property that belongs to some other person, which is not acceptable in legal conditions
of criminal damages (Fraud Act, 2016).
The court must focus on some important points that are as follows:
 Damage caused to the property The harmed person is the owner of the property
Damage
 Damage refers to the harm caused to a property or building with an intention to commit a
criminal activity such as theft, robbery, rape or to cause a loss for a person.
 There are various aspects or tapes of criminal damages which are treated as different
crimes as well as belongs to various kinds of legal cases such as damage caused by
terrorism or damage caused for robbery would be treated differently.
 There are legislation which gives a specific definition of damage, so the court must
determine as per different legal cases. The criminal damage is not requisite to be
circumpolar and if the harm is caused and impact the practicality of the property; the
offence would still be bound up. Section 10(2) of the Act is peculiarly essential when
considering a geographical region (Skudder and et.al., 2017). A proprietor can harm his
or her own place if it lies to someone within the subdivision.
B. Offence of aggravated criminal damage.
As per the English Law, criminal damages are that offences which are concerned with
protection of residence and the supply of food with imposing for damages in personal property.
So Criminal Damages Act 1971 is recreating many types of offence with regard to protection
property rights. Thus, this act will be comprehensive as per the structure and it covers the most
serious offence of deliberately setting of fires on building or people houses. There are mainly
three major offences in this act of 1971 where Criminal Damages Act is simple, aggravated and
criminal damage by arson.
Thus, aggravated damage within this will be destroying or damaging life or property
along with the aggravating factors. For example, cutting down of electricity wires that could be
exposed to damages in safety equipment which is in Section 1 (2) of Criminal Damages Act
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1971. Thus, it included that any person who is found offended under this act that will be under
offence of act. As per the Attorney General Reference No 3 of 1992 where attempting of any
damage would be held to prosecution in order to establish specified intention to cause damages
(Ashby, 2017).
CONCLUSION
The above report concluded that the property offences are common in United Kingdom;
in this context, a detailed and closed analysis of property offences are examined in the above
report. The report concluded about Robbery is a crime of attempting or taking anything valuable
by threat of force or by putting victim in fear. The offences related to goods and frauds are also
included in the report. There are significant laws and legal acts which have been developed for
offences or crimes such as criminal damage, fraud, burglary, theft and robbery. The report
included various laws and offences such as Offence of theft, Undertaking and assisting stolen
goods, offence of ‘making off without payment’, fraud by false representation, offence of
criminal damage. Furthermore, the report also described differences between handling, receiving
stolen goods or items. The government developed all the acts and laws mainly to manage and
control theft, robbery, fraud and criminal damage in the society.
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REFERENCES
Books and Journals
Ashby, M.P., 2017. Comparing methods for measuring crime harm/severity. Policing: A Journal
of Policy and Practice.
Skudder, H. and et.al., 2017. Addressing the Carbon‐Crime Blind Spot: A Carbon Footprint
Approach. Journal of Industrial Ecology, 21(4), pp.829-843.
MacDonald, Z. and Pyle, D.J. eds., 2018. Illicit Activity: The Economics of Crime, Drugs and
Tax Fraud: The Economics of Crime, Drugs and Tax Fraud. Routledge.
Hunter Jr, R.J., Shannon, J.H. and Lozada, H.R., 2017. “Business Crimes” in Entertainment and
Sports: A Primer and Discussion in the Subtext of the Olympics and International
Sports. Archives of Business Research–Vol, 5(12).
Lauritsen, J.L. and Cork, D.L., 2017. Expanding our understanding of crime: The National
Academies Report on the future of crime statistics and measurement. Criminology &
Public Policy, 16(4), pp.1075-1098.
Weinborn, C., Ariel, B., Sherman, L.W., 2017. Hotspots vs. harmspots: Shifting the focus from
counts to harm in the criminology of place. Applied geography, 86, pp.226-244.
Dugat-Bony and et.al., 2015. Overview of a surface-ripened cheese community functioning by
meta-omics analyses. PLoS One, 10(4), p.e0124360.
Ormerod, D. and Perry, D. eds., 2017. Blackstone's Criminal Practice 2018. Oxford University
Press.
Putwain, D., 2017. 2 BURGLARY. A Psychologist's Casebook of Crime: From Arson to
Voyeurism, p.23.
Brennan, K., Milne, E., South, N. and Turton, J., 2018. Women and the Criminal Justice System
Moving Beyond the Silo. In Women and the Criminal Justice System (pp. 1-11).
Palgrave Macmillan, Cham.hang, J., 2018. Holster with protection mechanism facilitating
holstering and unholstering and protecting against theft and robbery. U.S. Patent
Application 15/445,216.
Online
Fraud Act, 2016. [Online]. Available
through:<https://www.legislation.gov.uk/ukpga/2006/35/contents>.

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