Property Offences - Robbery & Burglary

Question 1

Robeery - s.8(1) Theft Act 1968

Answer 1

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.

Question 2

AR and MR of Robbery

Answer 2

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

Question 3

No theft = No robbery

Answer 3

Prove all elements of thefts first
- Robinson (1977)
- Corcoran v Anderton (1980)

Question 4

Uses forces/threat of force in order to steal

Answer 4

• Dawson (1977) - nudge
• RP v DPP (2012) - snatching cigarette

Question 5

Fear of force

Answer 5

Mere assault

Question 6

Distinguish force applied to a person/to property

Answer 6

Clouden (1987)/RP v DPP (2012)

Question 7

Timing immediately before or at the time of stealing

Answer 7

Hale (1978) - Theft is a continuing act - per Eveleigh LJ
Lockley (1995) - Force in order to make escape = force in order to steal

Question 8

Force used must be in order to steal

Answer 8

Blackham (1787)

Question 9

Any person?

Answer 9

Smith v Desmond (1965)

Question 10

Burglary

Answer 10

S.9(1) Theft Act 1968

Question 11

Person not guilty of burglary if-

Answer 11

s.9(1)(a) he enters any building or part of a building as a trespasser and with intent to commit any such offence…

Question 12

Person not guilty of burglary if - [part 2]

Answer 12

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

Question 13

MR/AR of Burglary

Answer 13

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

Question 14

Entry/Trespasser

Answer 14

Collins (1973) - Effective and substansail

Question 15

Entry can be partial

Answer 15

Brown (1985) - effective only
Ryan (1996) - need not be effective

Question 16

Entry via instrument

Answer 16

Hale (1736) - entry by instrument or innocent agent

Question 17

Trespasser requires mens rea

Answer 17

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

Question 18

Trespass

Answer 18

Laing (1995)

Question 19

Exceeding permission

Answer 19

Jones & smith (1976)
Walkington (1979)

Question 20

Building requires element of…

Answer 20

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

Question 21

Vehicle or building

Answer 21

Norfolk Constabulary v seeking & Gould (1986)
Coleman (2013)

Question 22

Is a shed a building?

Answer 22

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

Question 23

Part of a building

Answer 23

Walkington (1979)

Question 24

Dwellling or building site

Answer 24

Flack (2013)

Question 25

s.9(1)(a) Specific Offences

Answer 25

Theft - S.1 Theft Act 1968
GBH with intent - S.18 OAPA 1861
Criminal damage - S.1 criminal Damager act 1971

Question 26

S.9(1)(a)

Answer 26

Ulterior intent

Question 27

No need to commit offence….

Answer 27

Just needs an intention to commit - AG’s Reference (No’s 1 & 2 of 1979)

Question 28

S.9(1)(b)

Answer 28

Attempted theft or GBH

Question 29

Aggravated burglary

Answer 29

S.10 Theft Act 1968

Question 30

s.10 TA 1968;

Answer 30

(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—

Question 31

Weapon of offence

Answer 31

Kelly (1993) - Screwdriver to break into the property used to assault the householder

Question 32

At the time…

Answer 32

O’Leary (1968) - Timing is of the commission of the act which completed the theft