Robbery and Burglary Flashcards
Where is robbery defined?
S8 of the Theft Act 1968 said that robbery is using or threatening force immediately before or at the time of stealing
What is the first element of a robbery?
D must have a completed theft
What does Robinson show?
Robinson states that if an element of theft is missing, then there can be no robbery
What does Corcoran v Anderton show?
If force is used to steal, the moment the theft is complete, there is also a robbery.
What is the second element of robbery?
D must use of threaten force on any person
What does Dawson and James show?
Only a small/slight touch is needed for force.
What does RP and others v DPP show?
Taking a cigarette out of a person’s mouth was not force.
What does Clauden show?
Force can be applied indirectly, e.g. via an object.
What does B and R v DPP show?
V need not feel threatened or scared
What does Smith v Desmond show?
D doesn’t have to use or threaten force on the V of the theft.
What is the third element of robbery?
Force must be used/threatened immediately before or at the time of stealing.
What does Hale show?
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’.
What is the fourth element of robbery?
Force must be used in order to steal.
What does Lockley show?
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.
What is the final element of robbery?
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.
Where is burglary defined?
Section 9(1) of the Theft Act 1968
What are the two types of burglary?
9(1)(a) burglary
9(1)(b) burglary
What are the common elements for both burglaries?
- D must enter
- A building or part of a building
- As a trespasser
- With the MR for trespass
What does Ryan show?
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).
Discuss building or part of a building?
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
What does R v Smith and Jones say about trespassing?
Trespassing is when someone enters in excess of permission, meaning they do not have permission to be somewhere.
What MR must D have?
Intention or recklessness as to trespass.
-Use Mohan and Cunningham (if recklessness applies)
D did not have the MR in Collins
Discuss Section 9(1)(a)
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.
Discuss Section 9(1)(b)
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.
