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Offenses Against Property PDF

   

Added on  2020-12-18

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PROPERTY OFFENCES
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TABLE OF CONTENTSINTRODUCTION...........................................................................................................................1TASK 1 - THEFT AND ROBBERY...............................................................................................1A. Offence of theft .................................................................................................................1B. Offence of robbery.............................................................................................................1TASK 2 - BURGLARY AND AGGRAVATED BURGLARY.....................................................2A. Offence of burglary..........................................................................................................2B. Offence of aggravated burglary.........................................................................................3TASK 3 - GOODS RELATED OFFENCES ..................................................................................1A. Difference between handling, receiving, undertaking and assisting stolen goods............1B. Offence of ‘making off without payment’.........................................................................1TASK 4 – FRAUD ..........................................................................................................................2A. Fraud by false representation ............................................................................................2B. Fraud by failing to disclose information............................................................................3C. Fraud by abuse of position ................................................................................................3D. Obtaining services dishonestly .........................................................................................4TASK 5 - CRIMINAL DAMAGE..................................................................................................5A. The offence of criminal damage .......................................................................................5B. Offence of aggravated criminal damage. ..........................................................................5CONCLUSION................................................................................................................................6REFERENCES ...............................................................................................................................7
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INTRODUCTIONToday in most of the communities or societies, property offences have become prevalentin almost all the courts of law. There have been cases related to property offences in variouscountries all around the world. There are various kinds of property offences under statute andcommon law that has been imposed by the government. These offences consist of highlycomplicated relationships between the property itself, whose property is in someone's possessionor not in possession. The property offences are common in United Kingdom; in this context, adetailed and close analysis of property offences will be focused in the present report. It willidentify various offences and laws such as burglary, criminal damage etc. The offences related togoods and fraud will be also included here. TASK 1 - THEFT AND ROBBERYA. Offence of theft Actus reus sometimes known as an external element of any crime; it is a Latin word usedfor guilty act which proved beyond reasonable doubt in collaboration with Mens rea. Forexample –guilty mind develops criminal liability in common law based on criminal lawjurisdiction of Australia, New Zealand, United Kingdom and United States. Mens rea refers to aguilty mind which is an essential part of crime. The standard common law test of liability relatedto crime is generally expressed but the Latin phrase means an act does not make an individualguilty unless his or her mind is also guilty (Ormerod and Perry, 2017).B. Offence of robberyRobbery is a crime of attempting or taking anything valuable by threat of force or byputting victim in fear. According to a common law, robbery is outlined as taking someone'sproperty with intent to permanently deprive an individual of that specific property, by means offear or force. It is characterized as theft. Robbery is generally treated as an aggravated type ofcommon law larceny. Particular definitions and elements vary from state to state. The basic elements of robbery are mentioned below - TrespassoryCarrying or taking away of personal or someone's property An intention to steal Presence of the victim or person 1
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By force or fear The above listed elements are similar as common law larceny; there are two factors thataggravated the offence to common law robbery and are defined below - From presence of the victim, or person – Robbery needs that the property or belonging betaken or carried directly from the owner or victim's presence. This differs from larceny whichsimply needs that the property has been taken from the victim's ownership, constructive (Putwainand et.al., 2017).By force or threat of force –The use or threat of force is shaping element of a robbery that canbe done with a force of fear or threat. Questions related to the level of force essential for robberyhave been the subject of law. TASK 2 - BURGLARY AND AGGRAVATED BURGLARYA. Offence of burglaryBurglary is treated as a statutory offence in English law; this criminal activity is definedunder 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 suchcrime.He or she has entered in a building or area as a trespasser and attempt to steam or steakanything within the building or its part. Or any situation in which an individual tries tobodily 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 beliable for imprisonment; if the offence is committed in someone's home or place to live then theimprisonment 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 besometimes 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 Act1968 but according to section 9(4), the word building consists of an inhabited vessel orvehicle therefore caravans, houseboats and motor homes are protected by this law even ifit is occupied temporarily. 2
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