Criminal Law, Offences against property, arrest and detention.
(Task 2)
Offences against property
This refers to a wide range of offences which include dishonest offences as well as other offences such as criminal damage. Offences involving dishonest behaviour, include theft, robbery and burglary. “Dishonest offences are provided for by legislation, Criminal Justice (Theft and Fraud Offences) Act 2001. This act contains a wide range of offences. It has taken into account changes in technology creating new offences. It also provides for a number of offences which may not have been previously recognised. Examples of offences under the act:
Theft
Burglary
Aggravated Burglary
Robbery
Forgery
Deception
Corruption
Unlawful use of computers
Unlawful demands with “menaces”
False accounting
The main 4 offences which I will be focusing on is (I) Theft (II) Burglary (III) Aggravated Burglary and (IV) Robbery
Theft
A person is guilty of theft if he or she dishonestly appropriates property without the consent of its owner, with the intention of depriving the owner of it. If the person believes they have the owner’s consent, if the owner knew of the assumption of the property and the circumstances in which it was taken then the crime theft does not come into play here. However, if consent obtained by deception or intimidation, this is not consent. The mens rea of theft consists of dishonesty and intention to permanently deprive
Burglary
Burglary is the entering of any building as a trespasser with the intention to commit an arrestable offence. This crime is committed despite an inability to achieve the intended result. A person guilty of burglary is liable on conviction on prosecution to a fine or imprisonment for a term not exceeding 14 years or both. “Arrestable offence” means an offence for which a person of full age and not previously convicted may be punished by imprisonment for a term of five years or by a more.
Aggravated Burglary A person is guilty of aggravated burglary, if he or she commits any burglary and at
Offences against property
This refers to a wide range of offences which include dishonest offences as well as other offences such as criminal damage. Offences involving dishonest behaviour, include theft, robbery and burglary. “Dishonest offences are provided for by legislation, Criminal Justice (Theft and Fraud Offences) Act 2001. This act contains a wide range of offences. It has taken into account changes in technology creating new offences. It also provides for a number of offences which may not have been previously recognised. Examples of offences under the act:
Theft
Burglary
Aggravated Burglary
Robbery
Forgery
Deception
Corruption
Unlawful use of computers
Unlawful demands with “menaces”
False accounting
The main 4 offences which I will be focusing on is (I) Theft (II) Burglary (III) Aggravated Burglary and (IV) Robbery
Theft
A person is guilty of theft if he or she dishonestly appropriates property without the consent of its owner, with the intention of depriving the owner of it. If the person believes they have the owner’s consent, if the owner knew of the assumption of the property and the circumstances in which it was taken then the crime theft does not come into play here. However, if consent obtained by deception or intimidation, this is not consent. The mens rea of theft consists of dishonesty and intention to permanently deprive
Burglary
Burglary is the entering of any building as a trespasser with the intention to commit an arrestable offence. This crime is committed despite an inability to achieve the intended result. A person guilty of burglary is liable on conviction on prosecution to a fine or imprisonment for a term not exceeding 14 years or both. “Arrestable offence” means an offence for which a person of full age and not previously convicted may be punished by imprisonment for a term of five years or by a more.
Aggravated Burglary A person is guilty of aggravated burglary, if he or she commits any burglary and at
Bibliography: www.Irishindependent.ie www.citizensinformation.com www.irishnews.com www.anglocelt.ie Principles of Irish Law, by Brian Doolan Criminal Law Assignment 2 Class: 061LT Name: Conor Cronin