Theft
Theft Street — The Four Lanterns
Theft: unlawful appropriation of movable corporeal property belonging to another with intent permanently to deprive.
Theft = unlawful appropriation of movable corporeal property belonging to another with the intention permanently to deprive the owner thereof.
The Four Lanterns
- LANTERN 1 — Property: must be movable and corporeal (physical, tangible)
- LANTERN 2 — Belongs to another: the property must belong to someone other than the accused
- LANTERN 3 — Appropriation: the accused assumes control over the property as if it were their own
- LANTERN 4 — Intent permanently to deprive: must intend to deprive the owner permanently, not merely temporarily
The Lost Property Alley
Finding property does not automatically permit keeping it. If the accused knows who the owner is, or believes the owner can be found, keeping the property with intent permanently to deprive constitutes theft.
Exam trap: a temporary taking (borrowing without permission) is not theft — it lacks the intention permanently to deprive. But if the accused takes the property intending to keep it indefinitely, that is theft even if the owner eventually recovers it.
Robbery
Robbery Road
Robbery = theft + violence (or threat of immediate violence) to take or retain property.
The Armed Bandit
The Armed Bandit holds stolen property in one hand, a weapon in the other. Theft crossed with force.
Robbery = theft + violence or the threat of violence used to overcome resistance or to take or retain the property.
The Equation
THEFT + VIOLENCE = ROBBERY. The violence or threat must be used in connection with the theft — either to take the property, to retain it, or to overcome resistance.
Timing Matters
- Violence before taking = robbery
- Violence during taking = robbery
- Violence immediately after taking to retain property = robbery
- Violence completely unconnected to the taking = separate assault + theft
Exam trap: the violence or threat must be connected to the taking. If the theft and the violence are entirely separate events, the charge is separate theft and assault — not robbery.
Housebreaking
Housebreaking Lane
Housebreaking with intent: breaking and entering with the required criminal intent.
The Lockpicker
The lockpicker carries a crowbar, lockpick, and torch. The crime begins at the doorway — what happens inside is a separate inquiry.
Housebreaking requires: (1) breaking and entering; (2) any premises; (3) with criminal intent (e.g. to commit theft, assault, or any crime within).
Breaking and Entering
"Breaking" is interpreted broadly — it includes using a key (even without force), opening an unlocked door or window, or any means of gaining entry that the accused was not authorised to use.
Exam trap: the crime is complete upon breaking and entering with the requisite intent — even if the intended crime inside is never committed. The accused need only have the intent at the time of entry.
Malicious Injury
The Park of Destruction
Malicious injury to property: unlawful and intentional damage or destruction of property belonging to another.
The Vandal
The Vandal smashes statues, breaks windows, destroys market stalls. No theft. No gain. Only destruction.
Malicious injury to property = unlawful + intentional + damage or destruction + of property + belonging to another.
Key Elements
- The property must belong to another person
- The conduct must be intentional (not negligent)
- The damage or destruction must be unlawful
- No requirement of actual financial loss — any damage suffices
Exam trap: "malicious" in the name does not require spite or ill-will. It describes the intentional nature of the conduct — not a special motive.
Comparison
The Property Crimes Comparison Wall
Comparing the four property crimes side by side.
The Master Table
- THEFT: Takes property + intent permanently to deprive + no violence
- ROBBERY: Takes property + violence or threat of violence
- HOUSEBREAKING: Unlawful entry + criminal intent (crime inside not required)
- MALICIOUS INJURY TO PROPERTY: Damages/destroys property + no taking
Key Exam Questions
- Was property taken? (Theft, Robbery)
- Was violence used? (Robbery)
- Was there unlawful entry? (Housebreaking)
- Was property damaged or destroyed? (MIP)
- Was there intent permanently to deprive? (Theft, Robbery)
Exam trap: robbery requires that the violence and the taking be connected. Housebreaking requires intent at the point of entry. MIP requires intentional (not negligent) damage.