Criminal 5: robbery, burglary

Question 1

Elements of robbery

Answer 1

Dishonestly appropriating property belonging to another with the use/threat of force immediatly before or at the time of stealing, intending to use force to steal.

AR
- AR for theft
- Force/threat
- on any person (victim)
- immediately before or at the time of stealing

MR
- Mr for theft
- Intend to use force in order to steal

Question 2

What is meant by use of force in robbery?

Answer 2

1. Use of force
   - can be slight
   - can be against property (ripping away bag)
   - NOT if no resistance (pick pocketing)
2. Put victim in fear
   - threat by D which causes person to think force will be used against them then and there
   - Also if V apprehends the fact but is not afraid
3. Seek to put victim in fear
   - so threat even if person does not realise (can’t understand etc.)
   - has to seek to put victim themselves in fear (so has to be directed/know by victim)

Question 3

Difference between s.9(1a) and s.9(1b) burglary?

Answer 3

s.9(1a)
- committed at point of entry
- does not need to commit the act itself just enter with intent

s.9(1b)
- committed at point or attempt/commission of theft/gbh

Question 4

Elements of s.9(1a) burglary

Answer 4

To enter a building as a trespasser, knowing or being reckless as to entering as a tresspasser and intending to steal, GBH or criminal damage.

AR
- enters (any body part)
- Building or part of building
- As a trespasser (no or exceeding consent)

MR
- Knowing or being reckless as to entering as a trespasser
- At time of entry intended any ulterior offences (steal, gbh, damage unlawfully)

Question 5

What intention must D have when entering building for s.9(1a) burglary?

Answer 5

Intention or conditional intention to:
- steal from building
- inflict GBH on anyone in building
- unlawfully damage building or contents

Question 6

Elements for s.9(1b) burglary

Answer 6

AR
- D enters
- Building or part of building
- As a trespasser

MR
- Knowing or being reckless as to entering as a trespasser

Once in Building
- either steal /attempt to steal, or inflict / attempt to inflict gbh
- no MR or intention required for this act/attempted act

Question 7

Elements for Aggravated Burglary

Answer 7

Burglary
- either s. 9(1a); or
- s. 9(1b)

With a Weapon
- for s.9(1a) must have weapon when entering
- for s.9(1b) must have weapon when committing the act inside (or attempting)