Aggravated Theft and Robbery Flashcards
What is aggravated theft?
Theft by housebreaking
Theft by opening lock fast places
What are preparatory offences?
Offences that have an initial intention to steal
What is required for the offence of housebreaking?
Must be committed before the theft
Actions overcome the security of the premises
Actual entry not required
What need to be proved to be able to convict?
Intent to steal needs to be proved or inferred
Is there an offence of housebreaking with intent to commit other crimes?
No such offence exists
What is theft by opening up a lock fast place?
A lock fast place is anything secured by lock and key eg. car
What is the crime committed of subsequent entry into rooms within this house that has just been broken into?
Opening a lock fast place
Therefore the crime would be a combination of housebreaking with intent to steal and theft by opening a lock fast place
What is robbery?
Theft accomplished by means of personal violence or intimidation
What must be linked to the theft?
Violence
What is the actus reus of robbery?
Appropriation, property, belonging to another, no consent AND Personal violence
Is physical violence necessary for robbery?
NO
The degree of force must be reasonably described as violent
When does the violence have to occur?
The violence has to be threatened immediently and future violent is not sufficient
What does Harrison v Jessop show?
Threat of detaining someone against there will for a demand for money was sufficient to establish robbery
It also shows that a lawful right to property does not excuse robbery
What is taking?
Taking something by force, by deliberately handing over (under threat), taking immediently when dropped
