Criminal Law, Offences against property, arrest and detention.

Topics: Crime, Criminal law, Theft Pages: 9 (2069 words) Published: March 20, 2015

(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 the time has with him or herself any firearm (lethal firearm or other lethal weapon of any description from which any shot, bullet or other missile can be discharged), imitation firearm, any weapon of offence (It was decided in the people (AG) v O’ Brien (1969) that a knife was properly described as an offensive and not a defensive weapon) or explosive. A person guilty of aggravated burglary is liable on conviction on indictment to imprisonment for life. Robbery

Robbery is committed when a person commits a theft, and immediately before or at the time of the act, uses force on the victim or puts or seeks to put any person in fear that the victim may be subjected to force. Robbery is distinguished from other forms of theft (such as burglary, shoplifting or car theft) by its violent nature whereas many lesser forms of theft are punished as misdemeanours, robbery is always a felony for this reason. In criminal law, robbery is a form of aggravated theft, in that it involves the offence of theft plus force or threat of force on a person. The maximum sentence for robbery is life imprisonment.

DPP v Boyle
Location: Cavan District Court
Date of case: Monday, 09 March 2015
Name of the accused: Finbarr Boyle
There was a two-year garda investigation into the thefts of funds allocated to a rural primary school in Co Cavan. The accused is originally from Ardara, Co Donegal and was the former principal of Kilnaleck National School in Co Cavan. The charges relate to the alleged theft of cash from the Department of Social Protection and the Board of Management of Kilnaleck NS. The accused if facing five separate counts of stealing a total of €73,320 from the Department between November 9, 2009 and February 3, 2011. He is also being charged with four counts of theft of €1,001 and cheques totalling €10,340, the property of management of Kilnaleck National School, between November 3rd 2008 and April 7th, 2009. Mr Boyle is...

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
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