Property Offences Flashcards
Where does robbery come from?
s8 Theft Act 1968
What must be completed first for there to be a robbery?
Theft must be completed (Robinson)
What is meant by force/threat of force?
- Ordinary word left to the jury (Dawson)
- Can be used near them or on the Vs property (Clouden)
- No need to show fear (B&R v DPP)
What must the force be used to do?
-Used in order to steal, if not then there is no robbery
When must the force be used?
- Immediately before or at the time of stealing
- Theft can be a continuing act (Hale)
What is the mens rea for robbery?
- s2, dishonesty, not dishonest under s2(1) if they believe they had a legal right, the owner would consent, reasonable steps cannot trace the owner
- Must use Ivey test if this does not apply
- Intention to permanently deprive, treating it as his own (Velumyl) conditional intent is not IPD (Easom)
Where does burglary come from?
s9 Theft Act 1968
What must be completed first for a burglary?
Trespass
How is entry defined?
- Must be effective, can include having part of the body in a building (Ryan)
- Using fishing rods or instruments is enough
How is a building defined?
- Ordinary word, a matter of fact and degree to be determined by the jury (Brutus & Cozens)
- Must be a fairly permanent structure
- Can be a trespass if the D goes somewhere they do not have permission to be (Walkington)
What is meant by trespass?
- Entering without permission
- Can become a trespass if the D exceeds the permission given to them (Smith & Jones)
What is the mens rea for trespass?
-Intentionally or recklessly entering part of a building without consent
What is a s9(1)(a) burglary?
-On entry, D intends to commit an ulterior offence (theft, GBH and criminal damage)
What is a s9(1)(b) burglary?
- After entry, D must have committed the ulterior offence (theft, GBH or criminal damage)
- D must also have the mens rea for this ulterior offence
