ROBBERY Flashcards
What are the actus reus elements of robbery?
4 elements:
- Actus reus of theft
- Force (in one of three ways- uses force, puts any person in fear or seeks to put any person in fear of being then and there subjected to force)
- On any person
- Use or threat of force immediately before or at the time of stealing
What is the mens rea of robbery?
- Mens rea of theft
- Intend to use force in order to steal
What are 3 ways in which the force element of the actus reus can be satisfied?
Uses force
- does not require violence
- force can be applied through property
Puts a person in fear of being then and there subjected to force
- There is no need to apply physical force against a person to satisfy this element. A threat is enough.
- there is no need for the victim to fear the force they think will be used against them (R v DPP)
Does the threat have to be directed towards the person whose property was stolen?
No - can be on any person
What is the continuing act theory?
R v Hale:
- an appropriation can be regarded as a continuing act if the threat or use of force occurs after the theft has been committed
What is the difference between a s9(1)(a) and a s9(1)(b) burglary?
For a 9(1)(a) burglary, the burglary is committed at the point of entry. It does not matter whether or not the defendant goes on to commit the ulterior offence. The key issue is whether the defendant intended to commit the ulterior offence at the point of entry.
For a 9(1)(b) burglary, the burglary is committed at the point of attempt or commission of the theft or infliction of grievous bodily harm.
What is the actus reus of a s9(1)(a) burglary?
- The defendant enters
- A building or part of a building
- As a trespasser
What is the mens rea of a s9(1)(a) burglary?
- Knowing or being reckless as to entry as a trespasser
- At the time of entry D intended any of the ulterior offences listed inTA 1968, s 9(2):
○ Steal anything in the building or part of the building
○ Inflict grievous bodily harm on any person in the building or part of the building; or
○ Damage unlawfully the building or anything therein.
What suffices as entry for a s9(1)(a) burglary offence?
partial entry will be enough (R v Ryan)
What suffices as a building for a s9(1)(a) burglary offence?
- s 9(4) TA 1968 - an inhabited vehicle or vessel, whether the person living there is present at the time or not.
- Stevens v Gourley - a building must be ‘a structure of considerable size and intended to be permanent or at least endure for a considerable time’.
- part of a building suffices
What are the 2 ways someone can enter as a trespasser?
- Without consent; or
- In excess of authority- at times the defendant can still be a trespasser even if given consent to enter.
What are the ulterior offence in s9(2) for a s9(1)(a) burglary offence?
- Intend to steal from the building or part of the building; and/or
- Intend to inflict GBH on any person in the building or part of the building; and/or
- Intend unlawfully to damage the building or anything in the building or part of the building.
- conditional intent counts
What are the elements of a s9(1)(b) burglary offence?
-The defendant entered
- A building or part of a building
- As a trespasser
- Knowing or being reckless as to entry as a trespasser
- D did one of the following:
> Stole something from the building or part of the building
> Attempted to steal something from the building or part of the building
> Inflicted GBH on any person
> Attempted to inflict GBH on any person.
What constitutes a firearm for a s10 aggravated burglary offence?
airgun/ airpistol/ imitation firearm
What constitutes a weapon of offence for a s10 aggravated burglary offence?
any article that can be made or adapted to cause injury/ incapacitation which at the time of committing the burglary D possesses with the intention of causing injury to or incapacitating a person
