ROBBERY AND BURGLARY

Question 1

Under s8(1) of the TA 1968, a person is guilty of robbery if prosecution can prove…

Answer 1

1) that D committed an offence of theft
2) the D either used
- force on any person OR
- put or sought to put an person in fear of being immediately subjected to force
3) the the force or threat of force was immediately before or at the time of theft
4) the force or threat of force was used in order to steal

Question 2

R v Vinall

Answer 2

• conviction of robbery failed as D was not proved to have intention to permanently deprive so therefore no offence of theft

Question 3

The meaning of the word ‘force’ was considered in R v Dawson. What did they conclude?

Answer 3

• two Ds jostled victim and then another man took V’s wallet
• could jostling amount to force
• they confirmed that it was a matter for jury to decide in each case whether force was used or threatened
• decided didn’t need to be ‘substantial’ force

Question 4

R v Clouden

Answer 4

• regarding force directed at the victim’s property
• a slight degree of force may be enough but this is a matter for jury to decide

Question 5

To whom must the force be used/threatened?

Answer 5

• usually to the person who’s property it belongs to but can also be to ‘any person’
• where force is threatened rather than used, the intended victim of force must be aware of the threat

Question 6

When must the force be used or threatened to establish robbery?

Answer 6

• broadly simultaneous with the theft

Question 7

What is the mens rea of robbery?

Answer 7

• the force must be used or threatened in order to steal
• MR of theft which is to dishonestly intend to permanently deprive

Question 8

Outline a flowchart on robbery

Answer 8

Question 9

What does s9 (1) and (2) of the Theft Act 1968 say about burglary?

Answer 9

In order to commit an offence under s 9(1)(a), the defendant must:
1. enter;
2. a building (or part of a building);
3. as a trespasser;
4. intending to commit one of the offences listed in s 9(2), namely, theft, infliction of grievous bodily harm or criminal damage.

To be guilty of an offence under s 9(1)(b), the defendant must:
1. enter;
2. a building (or part of a building);
3. as a trespasser;
4. and commit theft or inflict grievous bodily harm, or attempt to steal or to inflict grievous bodily harm.

Question 10

How do you prove that the D has ‘entered’ for a charge of burglary?

Answer 10

• entry of part of the defendant’s body is sufficient to prove they have entered the building, and it is no defence that the defendant cannot at that point commit a crime such as theft or the infliction of grievous bodily harm
• this is under R v Brown and R v Ryan

Question 11

What if D used an innocent party to enter building for them?

Question 12

What if D inserts an instrument into building to gain entry? Does this count as entry?

Question 13

What counts as entering as a trespasser?

Answer 13

• usually clear cut
• no current law on whether permission to enter fraudulently is true permission
• however, under the old law (prior to the TA 1968) the courts held that permission to enter obtained by fraud was not a true permission (R v Boyle [1954] 2 QB 292).
• Professor J C Smith, in his book The Law of Theft (8th edn, p 194), says that ‘it seems to be entirely clear that where the defendant gains entry by deception he enters as a trespasser’.

Question 14

R v Collins

Answer 14

• defendant could be a trespasser where they had permission to enter for lawful purposes but instead entered for an unlawful purpose, and they knew or were reckless that they were exceeding the terms of the permission given.

Question 15

R v Jones and Smith

Answer 15

• the principe in this authority is that if D intends to exceed the terms of consent given, or at least be reckless as to whether those terms will be exceeded at the time of entry = trespassing

Question 16

AR and MR of trespassing must be proved. What did R v Collins consider?

Answer 16

• at the time of entry into the building, D must either know they were entering as a trespasser, or be reckless as to whether they were a trespasser.
• recklessness here would require the defendant to foresee the risk that they do not have permission to enter and go on, without justification, to take that risk.
• If, therefore, the defendant trespasses ‘by accident’, they will not satisfy this essential element required for a charge of burglary.

Question 17

When does D need to know or be reckless that they entered as a trespasser?

Answer 17

• at the time of entry into the building

Question 18

What counts as a building?

Answer 18

under s9(4) a building is:
- dwelling
- inhabited vehicles/vessels
- doesn’t matter if inhabitant there or not

Case law suggests that it can also be:
- house
- factory
- shop
- garden
- shed
(Considerable size and permanence)

Cannot be temporary structures:
Eg tent or marquee

Question 19

R v Walkington

Answer 19

• if Walkington is followed, it is likely that going beyond areas that are roped off, or marked by a counter or similar structure,
• will amount to entering a separate part of a building;
• and if the defendant knows or is reckless to the fact that they may not have permission to be in that area,
• they will be a trespasser in that part of the building for the purpose of burglary.

Question 20

What are the differences between 9(1)(a) and 9(1)(b)?

Answer 20

s9(1)(a)
AR:
- D must’ve entered a building or part thereof as a trespasser
MR:
- they must know/ be reckless that they are trespasser
- when entering that building or part, intended to steal, cause criminal damage or inflict GBH

Note under s9 (1)(a) there is no need for the defendant actually to commit any of those offences: entering as a trespasser with the intention of doing so is sufficient.

s9(1)(b)
AR:
- D must’ve entered a building or part thereof as a trespasser
- commit AR of theft, attempted theft, GBH or attempted GBH
MR:
- they must know/ be reckless that they are trespasser
- have the mens rea for theft, attempted theft, GBH or attempted GBH

Question 21

What if a defendant has conditional intent to commit one of these offences?

Answer 21

• in Attorney- General’s Reference, the COA confirmed that, where the defendants had entered properties looking for money to steal,
  a conditional intent to steal was sufficient.
• It was no defence for the defendants to argue that their intent to steal was conditional on there being anything worth stealing in the
  property: such an intent (to steal if they could) was sufficient to establish mens rea on a charge of burglary.

Question 22

Draw a flowchart determining how to figure out if D is guilty of s91a or s91b or not guilty of burglary.

Answer 22

Question 23

What can people who are ‘armed’ when they commit burglary also face liability for?

Answer 23

• aggravated burglary
• this is under s10 of TA 1968
• this is separate from basic offence of burglary
• 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.

Question 24

What counts as a weapon in aggravated burglary?

Answer 24

• firearms including air guns, air pistols and imitation firearms whether capable of being discharged or not;
• a ‘weapon of offence’, meaning any article made or adapted for use for causing injury to or incapacitating a person, or intended for such use
• explosives

A weapon of offence is widely defined and could include: (a) a machete as it has been made for use in causing injury: (b) a broken bottle adapted for use in causing injury; (c) a hammer intended for such use; (d) a length of rope as this could be used to incapacitate a person; or (e) handcuffs as these are intended for such use.

Question 25

R v Stones

Answer 25

• intention not to use the weapon is irrelevant

Question 26

R v Francis

Answer 26

• Ds entered a house armed with sticks then discarded them before committing theft
• they were found not guilty of aggravated burglary on appeal as the prosecution could not prove that the accused had the sticks with them at the moment they intended to steal.