Robbery and Burglary

Question 1

Where is robbery defined?

Answer 1

S8 of the Theft Act 1968 said that robbery is using or threatening force immediately before or at the time of stealing

Question 2

What is the first element of a robbery?

Answer 2

D must have a completed theft

Question 3

What does Robinson show?

Answer 3

Robinson states that if an element of theft is missing, then there can be no robbery

Question 4

What does Corcoran v Anderton show?

Answer 4

If force is used to steal, the moment the theft is complete, there is also a robbery.

Question 5

What is the second element of robbery?

Answer 5

D must use of threaten force on any person

Question 6

What does Dawson and James show?

Answer 6

Only a small/slight touch is needed for force.

Question 7

What does RP and others v DPP show?

Answer 7

Taking a cigarette out of a person’s mouth was not force.

Question 8

What does Clauden show?

Answer 8

Force can be applied indirectly, e.g. via an object.

Question 9

What does B and R v DPP show?

Answer 9

V need not feel threatened or scared

Question 10

What does Smith v Desmond show?

Answer 10

D doesn’t have to use or threaten force on the V of the theft.

Question 11

What is the third element of robbery?

Answer 11

Force must be used/threatened immediately before or at the time of stealing.

Question 12

What does Hale show?

Answer 12

Theft can be a continuing act, in which case, any force used or threatened during the theft will be ‘at the time of the theft’.

Question 13

What is the fourth element of robbery?

Answer 13

Force must be used in order to steal.

Question 14

What does Lockley show?

Answer 14

If D uses or threatens force at some point during a continuing theft, then he will be using force in order to steal. I.e. ‘Force in order to steal’ includes force used to escape.

Question 15

What is the final element of robbery?

Answer 15

MR: D needs to intend to use force in order to steal.

-This is usually proven in the 4th element and so the same evidence can be used.

Question 16

Where is burglary defined?

Answer 16

Section 9(1) of the Theft Act 1968

Question 17

What are the two types of burglary?

Answer 17

9(1)(a) burglary

9(1)(b) burglary

Question 18

What are the common elements for both burglaries?

Answer 18

• D must enter
• A building or part of a building
• As a trespasser
• With the MR for trespass

Question 19

What does Ryan show?

Answer 19

Entry does not need to be effective, with the jury deciding if D entered or not. Also, entry can occur whereby an extension of D’s body enters the building (eg. a tool or fishing rod).

Question 20

Discuss building or part of a building?

Answer 20

The theft act does not define was is meant by a building, with Section 9(4) saying it includes any inhabited vehicle or vessel.
B and S v Leathley shows that a building is something with a high degree of permanence.
R v Walkington shows that entering different areas of a building can be enough (like going behind the staff counter).
R v Laing shows going in a stock area can be enough

Question 21

What does R v Smith and Jones say about trespassing?

Answer 21

Trespassing is when someone enters in excess of permission, meaning they do not have permission to be somewhere.

Question 22

What MR must D have?

Answer 22

Intention or recklessness as to trespass.
-Use Mohan and Cunningham (if recklessness applies)
D did not have the MR in Collins

Question 23

Discuss Section 9(1)(a)

Answer 23

D must intend to commit 1 of 3 ulterior offences (listed in Section 9(2)) when entering; either theft, GBH or criminal damage.
AG Ref (No 1 and 2 of 79) shows conditional intent is sufficient.

Question 24

Discuss Section 9(1)(b)

Answer 24

D must actually commit or attempt to commit theft or GBH.

R v Jenkins showed that using GBH to escape from a building will count as GBH inside the building.