Property Offences - Robbery & Burglary Flashcards
Robeery - s.8(1) Theft Act 1968
Aggravated theft
A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and 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.
AR and MR of Robbery
AR; Steals, uses force/fear of force, Immediately before/at the time, any person
MR; Theft mens rea; dishonesty to permanently deprive, intending to use/threaten force or to steal
No theft = No robbery
Prove all elements of thefts first
- Robinson (1977)
- Corcoran v Anderton (1980)
Uses forces/threat of force in order to steal
- Dawson (1977) - nudge
- RP v DPP (2012) - snatching cigarette
Fear of force
Mere assault
Distinguish force applied to a person/to property
Clouden (1987)/RP v DPP (2012)
Timing immediately before or at the time of stealing
Hale (1978) - Theft is a continuing act - per Eveleigh LJ
Lockley (1995) - Force in order to make escape = force in order to steal
Force used must be in order to steal
Blackham (1787)
Any person?
Smith v Desmond (1965)
Burglary
S.9(1) Theft Act 1968
Person not guilty of burglary if-
s.9(1)(a) he enters any building or part of a building as a trespasser and with intent to commit any such offence…
Person not guilty of burglary if - [part 2]
s.9(1)(b) having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm
MR/AR of Burglary
AR: Entry, Building or part of a building, as a tresspasser
MR: Enters as a trespasser, with intent to steal, inflict GBH of do unlawful damage
Entry/Trespasser
Collins (1973) - Effective and substansail
Entry can be partial
Brown (1985) - effective only
Ryan (1996) - need not be effective
Entry via instrument
Hale (1736) - entry by instrument or innocent agent
Trespasser requires mens rea
Intention; person entering des so knowing that he is a trespasser and nevertheless deliberately enters…”
Recklessness; “enters promise without other party’s consent…” - per Edmund Davies LJ in Collins [1973] QB 100 at 105
Trespass
Laing (1995)
Exceeding permission
Jones & smith (1976)
Walkington (1979)
Building requires element of…
Permenance - Stevens v Gourley (1959) - Byles LJ “a structure of considerable size & intended to be permanent or at least to endure for a considerable time.”
B & S v Leathley (1979) - applied stevens
Vehicle or building
Norfolk Constabulary v seeking & Gould (1986)
Coleman (2013)
Is a shed a building?
Rodmell (1994) - ‘A garden shed is part of a person’s home. Burglars should be under no illusion that burglary of outbuildings is just as much burglary of domestic premises as breaking into the front door, although it can be said to be not quite as serious as breaking onto the place where people live
Part of a building
Walkington (1979)
Dwellling or building site
Flack (2013)
s.9(1)(a) Specific Offences
Theft - S.1 Theft Act 1968
GBH with intent - S.18 OAPA 1861
Criminal damage - S.1 criminal Damager act 1971
S.9(1)(a)
Ulterior intent
No need to commit offence….
Just needs an intention to commit - AG’s Reference (No’s 1 & 2 of 1979)
S.9(1)(b)
Attempted theft or GBH
Aggravated burglary
S.10 Theft Act 1968
s.10 TA 1968;
(1) A person is guilty of aggravated burglary if he commits any burglary and at the time has with him any firearm or imitation firearm, any weapon of offence, or any explosive; and for this purpose—
Weapon of offence
Kelly (1993) - Screwdriver to break into the property used to assault the householder
At the time…
O’Leary (1968) - Timing is of the commission of the act which completed the theft
