Burglary and Robbery Flashcards
What is the AR and MR of robbery?
AR, the actus reus of theft PLUS:
(a) Immediately before or at the time,
(b) Uses force, or
(c) Puts the victim in fear of being then and there subjected to force.
MR, the mens rea of theft PLUS:
(a) Intention to use force/threat of force in order to steal;
(b) Intention/recklessness as to the use of force/threat of force.
If not all five elements of theft coincide, a defendant cannot be convicted of robbery.
Vinall
Which case held that the word ‘force’ is one in ordinary usage?
Dawson
There is no distinction between applying force to the person or to their property, and the issue of whether force was used in order to steal is an issue for the jury.
Clouden
Force must be used in order to steal and appropriation must still be continuing at the time of the use of force.
Hale
What type of offence is Robbery?
An indictable-only offence with a maximum term of life imprisonment.
What type of offence is Burglary?
It is an either-way offence with a maximum term of imprisonment of 14 years on indictment in domestic premises and 10 years on indictment in commercial premises.
What is the AR and MR of a s9(1)(a) Burglary offence?
AR:
(a) Enter;
(b) A building (or part of a building);
(c) As a trespasser.
MR:
(a) Know or be reckless that they are a trespasser;
(b) Intend to commit theft, GBH or criminal damage.
What is the AR and MR of a s9(1)(b) Burglary offence?
AR:
(a) Enter;
(b) A building (or part of a building);
(c) As a trespasser;
(d) Commit the actus reus of theft, attempted theft, GBH or attempted GBH.
MR:
(a) Know or be recklessness that they are a trespasser;
(b) Have the mens rea for theft, attempted theft, GBH, or attempted GBH.
There must be an effective entry for the purposes of burglary.
Brown
Entry of some part of a defendant’s body can constitute an effective entry and the fact that, at that point, a defendant might be incapable of committing any such crime is irrelevant.
Ryan
Permission to enter obtained through fraud is not true permission.
Boyle
A defendant could be a trespasser if they have permission to enter a building for a lawful purpose but do so for an unlawful purpose. However, they must form the intention for an unlawful purpose at or before the point of entry and know or be reckless to the fact that they are exceeding the terms of permission given.
Jones and Smith, following Collins.
It is necessary to establish in addition to the fact that someone did enter premises without permission that they either knew they were entering as a trespasser, or were reckless to the fact.
Collins
A till area is a separate part of the building in the case of shops.
Walkington
