Unit 11 Offences Against Property Lecture
Unit 11 Offences Against Property Lecture
Unit 11 Offences Against Property Lecture
lecture/Tutorial
Miss E. Siang’andu
Learning Outcomes
1. You should be able to define and evaluate elements
of the offences against property ;
11.1 Theft
11.2 False Pretences
11.3 Robbery & Extortion
11.4 Burglary & House breaking
11.5 Receiving/Handling stolen property/ unlawfully
obtained
2. Know the distinction between offences of being found
in possession of stolen goods and receiving stolen goods
11.1 Theft - I
Basic requirement of the offence is that there should
be a thing, the thing whatever its nature or value must
be capable of being stolen(see S264 PC Cap 87 list things which
are capable of being stolen)
Definition of theft
S.265(i) - A person who fraudulently & without claim of right
takes anything capable of being stolen or fraudulently
converts to the use of any person other than the general or
special owner thereof anything capable of being stolen, is said
to steal that thing’
False pretence
Accused person obtains for himself or another person
Pecuniary advantage
According to s. 309 Pecuniary advantage would
include situations where the
(i) Accused borrows by way of overdraft (s.309A (b)
(ii) Being allowed to take out insurance policy on the
basis of false pretence
(iii) Accused is given an opportunity to earn
remuneration or to win money by betting
Obtaining pecuniary advantage by false pretence Mens rea - s.309A