Week 7 & 8 - Property Offences Week 7 Stealing Stealing is defined in s 391(1) and the relevant penalties provided for in s 398. The elements of the offence, prescribed in s 391 must all be established to the requisite evidentiary standard in order for the Crown to secure a conviction. Stealing is the offence of either fraudulently taking, or fraudulently converting, another person's property. When a taking or a conversion of property will be fraudulent is provided for in s 391(2) We will also briefly consider punishment for stealing which involves punishment in special cases provided for in the list numbered 1-15 at the foot of s 398. Cases: Category 1 R v Angus [2000] QCA 29 Illich v R (1987) 162 CLR 110 R v Mujunen [1994] 2 Qd R 647 Category 2 Wallis v Lane [1964] VR 293 R v Bogacki [1973] QB 832 R v Johnston [1973] Qd R 303 at 308,309 R v Davenport (1954) 1 WLR 569. Kennison v Daire (1986) 160 CLR 129 R v Evenet [1987] 2 Qd R 753 Receiving We will study the offence creating provision in s 433 of the Code - to determine the elements of this offence and consider what state of mind is required to be proved by the prosecution. We will also consider the doctrine of recent possession. For these two cases you can rely on the details which will be provided in the lecture: Category 2 R v Schama (1916) 11 Cr App R 45 Bruce (1987) 74 ALR 219 Regulatory Offences The Regulatory Offences Act 1985 (Qld) introduces a separate category of offences, see: s 3 of the Code. Read that Act carefully. [Note that it is in the back of Carter's - and is quite short]. If you are going to practice the criminal law or in a general law firm, this is a statute which is often relevant to minor offences dealt with in the Magistrates Court. We will briefly consider how these offences differ from similar offences under the Code, and how that Act modifies the defences, which would otherwise be available. Robbery We will examine the crime of robbery, both in its basic form and with aggravating circumstances which attract more punitive heavier penalties.
Week 7 & 8 - Property Offences Cases: Category 1 R v De Simoni (1981) 147 CLR 383 Category 2 R v Jerome and McMahon [1964] Qd R 595 - just skim to understand test for degree of violence test Hood (2000) 111 A Crim R 556 - especially 557-558 per Pigeon J Brougham (1986) 43 SASR 187 - Read headnote plus King CJ at 191 Burglary/entering premises We will also focus on burglary (s 419) and entering premises other than a dwelling (s 421). Cases: Category 1 Galea (1989) 46 A Crim R 158 R v Smith [2009] 1 Qd R 239 Poter (1981) 4 A Crim R 305 Category 2 Halley (1938) 40 WALR 105 Parry [1957] NZLR 846 R v Gibb