Property Offences

Introduction

**Theft and related offences** are the core property offences of the SQE1 FLK2 syllabus. This chapter examines the five offences you must master from the **Theft Act 1968**: **theft (s. 1)**, **robbery (s. 8)**, **burglary (s. 9)**, **aggravated burglary (s. 10)** and **handling stolen goods (s. 22)**. For each offence you must be able to state the **actus reus**, the **mens rea** and the **maximum sentence**, and apply them to a realistic client scenario. The chapter pays particular attention to the **modern dishonesty test** in *Ivey v Genting Casinos* and to the case law on **appropriation**, **trespass** and the **mens rea of handling**.

Assessment focus

For SQE1 FLK2 you are tested on the **substantive criminal law** of the property offences in single best answer questions ('SBAQs') set in **realistic factual scenarios**. You will be expected to **apply** the elements of theft and related offences rather than merely recall their definitions. The most heavily tested points are: (i) the **Ivey v Genting** dishonesty test (and the trap of the discredited **Ghosh** second limb); (ii) the breadth of **appropriation** after **Gomez** and **Hinks**; (iii) the distinction between **s. 9(1)(a)** and **s. 9(1)(b)** burglary; (iv) the **timing rule** for robbery and aggravated burglary (continuing appropriation in **R v Hale**); and (v) the **mens rea of handling** — knowledge or belief, never mere suspicion. This is a **closed-book** assessment: you must recall the section numbers, the leading cases and the maximum sentences from memory.

Study tips

1) Memorise the **s. 1(1)** definition of theft and its **five elements** (appropriation, property, belonging to another, dishonesty, intention permanently to deprive). 2) Learn the **Ivey** two-stage test and remember that the **Ghosh second limb is no longer law** — any option requiring the defendant to have realised his conduct was dishonest is wrong. 3) Note that **appropriation is satisfied even where the owner consents** (*Gomez*) and even by a **valid gift** (*Hinks*). 4) Distinguish **burglary s. 9(1)(a)** (ulterior intent at entry, no offence need be committed) from **s. 9(1)(b)** (no intent needed at entry, but theft or GBH must be committed inside; criminal damage is **not** within s. 9(1)(b)). 5) For **handling**, the mens rea is **knowledge or belief** that the goods are stolen — **suspicion is not enough**. 6) Memorise the **maximum sentences**: theft 7 years; robbery and aggravated burglary **life**; burglary 10 years (14 if a dwelling); handling 14 years.