Burglary and Robbery Flashcards
Section 9(1): A person is guilty of a burglary if (part a)…
(a) he enters any building or part of a building as a trespasser and with the intent to commit any such offence as is mentioned in subsection (2)
A person is guilty of a burglary if (part b)…
(b) having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or part of it or inflicts or attempts to inflict on any person therein GBH
What are the 2 burglary offences?
- Section 9(1)(a): burglary by trespassing with intent to commit theft, GBH or criminal damage (S.9(2))
- Section 9(1)(b): burglary where the defendant commits theft or GBH after trespass entry
Burglary Actus reus
Entry as a trespasser into any building or part of any building
Burglary AR (Entry)
- Not defined in statute, but in case law
What are the cases to determine AR for entry?
- Collins [1972]
- Brown [1985]
- Ryan [1996]
Burglary AR (as a trespasser)
- Not defined in the statute
- Legal concept in the law of tort, exceeding permissions
What are the cases to determine AR for trespassing?
- Jones and Smith [1976]
- Walkington [1979]
Burglary AR (into any building or part of any building)
Not comprehensively defined in the statute, but must be permanent. A vehicle or a vessel must be inhabited
Burglary Mens rea
- Must have 2 elements: MR to trespass and MR as to ulterior offence
- Conditional intent
Section 8: Robbery (Part 1)
(1) A person is guilty of robbery if he steals, and immediately before or at the time of doing so, in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force
Section 8: Robbery (Part 2)
(2) A person is guilty of robbery, or of an assault with intent to rob, shall on conviction on indictment be liable to imprisonment for life
Robbery overview
- Theft plus force
- Immediate apprehension of force before or at the time
- Theft followed by force is not a robbery
Robbery Actus reus
- All the elements of theft must be present
- Assumption of rights of the owner
- If there is not theft then there’s no robbery
Robbery Mens rea
2 elements: MR as to theft, and MR as to force or threat of force
Applying burglary
- Has D knowingly or recklessly entered any building or part of a building as a trespasser?
- Consider s.9(1)(a): did D have intent to steal, inflict GBH or damage property upon entry
- Consider s.9(1)(b): did D, having entered as a trespasser, commit either theft or GBH (or attempt one of these)?
Applying Robbery
- Did D steal?
- Immediately before or at the time of doing so, and in order to do so, did D use or threaten force?
