Chapter 6- Robbery and Burglary Flashcards
R v Waters
-D snatched V’s phone and said she would return it if someone called D
-D’s conviction for robbery was quashed as there was no evidence of an intention to permanently deprive
(Robbery, actus reus- complete theft)
R v Clouden
-D wrenched a basket from V
-Pulled against her hand
-CoA upheld his conviction as this was use of force
(Robbery, actus reus- force)
P v DPP
-D snatched a cigarette from V without touching V
-As there was no direct contact or force used, it was not robbery
(Robbery, actus reus- force)
R v Dawson and James
-D pushed V
-Allowed D2 to take v’s wallet as he was unbalanced
-Enough to be a use of force
(Robbery, actus reus- force)
B and R v DPP
-V was 16
-V was stopped by 5 younger boys, who asked for his phone
-5 more boys joined, who pushed him and held his arms
-D’ appealed as V wasn’t actually frightened
-Convictions were upheld as:
*no need to prove v was frightened
*implied threat can be established
*limited force used
(Robbery- seeking to put fear of force)
R v Hale
-D’s forced their way into V’s home
-D1 put hand over v’s mouth and D2 took a jewellery box
-They tied her up
-Force facilitated theft immediately and even though they already had the jewellery box when they tied her up, they hadn’t removed it from the property so it wasn’t complete
(Robbery- force immediately before or during)
R v Brown
-D was leaning through an open window attempting to steal something
-His conviction was upheld as even though this wasn’t a substantial entry, his entry was effective
(Burglary, actus reus- entry)
R v Ryan
-D got trapped when trying to enter a property
-Head and arm were inside but rest of him wasn’t
-Rescued by firefighters
-Although this wasn’t substantial or effective, it could be enough for a jury to decide he was entering a building
(Burglary, actus reus- entry)
B and S v Leathley
-D took items from an industrial freezer which had a locked door and used for storage
-This was held to be a building
(Burglary, actus reus- building or part of a building)
R v Rodmell
-D broke into V’s shed, 60 yards from his house
-CoA stated, ‘shed is part of a person’s home… burglary of an outbuilding is just as much as burglary of domestic premises’
(Burglary, actus reus- building or part of a building)
R v Walkington
-D went behind the counter in a shop and opened the till
-Tilled area was marked by a 3 sided counter so was clearly off-limits
-D’s conviction was upheld as he trespassed on the area which is for staff only
(Burglary, actus reus- part of a building)
R v Collins
-D was drunk and climbed up a ladder to look into the window of a girl sleeping
-He took of his clothes and climbed back up
-The girl thought it was her boyfriend and let him in and they had sex
-D was convicted of burglary with intent to rape
-This was quashed as the girl helped him into the room
(Burglary, actus reus- as a trespasser)
R v Smith and Jones
-Smith and Jones went to Smith’s dads house in the middle of the night and took 2 TVs
-Dad said son had permission to go to his home
-CoA upheld conviction as they had gone beyond permission given
(Burglary, actus reus- going beyond permission)
Norfolk Constable v Seekings and Gould
-Lorry trailer on wheels was used to store items, it had steps and electricity added
-The fact that the wheels remained made it not a building
-So not burglary
(Evaluation- burglary- building)
