Robbery and Burglary

Question 1

Where is the offence of Robbery contained?

Answer 1

s.8 of the Theft Act 1968

Question 2

What is robbery?

Answer 2

“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 3

What is the actus reus of robbery?

Answer 3

• Theft (all elements to be established: appropriation, property, dishonesty, belonging to another and intention to permanently deprive)
• Use of force or threat of force / threat of force in order to steal
• immediately before or at the time of stealing

Question 4

Theft: R v Waters (2015)

Answer 4

Hostility between a young group at the park. D snatched V’s phone. Police were called immediately and D was convicted of robbery. Decision was quashed as the element of ‘intention to permanently deprive’ was not satisfied.

Question 5

Theft: Corcoran V Anderton (1980)

Answer 5

One of the defendant’s hit a woman. D’s ran off with a bag that she had and then dropped it because she was screaming. Theft was complete as they would have ran off with it if sh wasn’t attracting attention.

Question 6

Force or threat of force: Dawson and James (1976)

Answer 6

D pushed victim causing him to lose balance. D’s friends took C’s wallet. He was convicted of robbery and it was for the jury to decide if there had been force.

Question 7

Force or threat of force: Clouden (1987)

Answer 7

D approached a woman who was carrying a shopping basket, took it off her and ran away. It was questioned whether they had used force by taking it out of her hand. D was found guilty of robbery.

Question 8

Force or threat of force: P v DPP (2012)

Answer 8

D snatched a cigarette without touching V in anyway. Was deemed the same as pickpocketing so theft and not robbery.

Question 9

Force or threat of force: B and R v DPP (2007)

Answer 9

V was asked b y 5 boys for his phone and money. No violence was used against him but he was pushed and his arms held against his will whilst searched. Defendant’s had sought to put the victim into fear which was enough for a conviction of robbery.

Question 10

Force immediately or at time of theft: Hale (1979)

Answer 10

D’s forced into V’s house. Took jewellery box and put hand over her mouth and tied the victim up. Force when silencing her was immediate force and tying her up as the theft went on was continuing it, resulting in robbery.

Question 11

Mens rea of robbery

Answer 11

The defendant must have the mens rea of theft i.e. dishonesty (Ivey Test) and intention to permanently deprive plus the use of force in order to steal.

Question 12

Where is the first section of burglary?

Answer 12

Section 9(1)(a): Entering a building or part of a building as a trespasser with intent to commit theft, GBH or criminal damage.

Question 13

Where is the second section of burglary?

Answer 13

s9(1)(b): Having entered as a trespasser, stealing or inflicting or attempting to inflict GBH.

Question 14

Common elements of burglary in 9(1)(a) and 9(1)(b)

Answer 14

• Entry
• Building or part of a building
  -As a trespasser

Question 15

Entry: R v Brown (1985)

Answer 15

D was standing on the ground outside but leaning in through a shop window, rummaging through goods. His conviction for burglary was upheld as clearly his entry was effective.

Question 16

Entry: R v Collins (1973)

Answer 16

D climbed up to the window of a young woman, she awoke and saw him, mistaking him for her boyfriend and they had sexual intercourse before she discovered he wasn’t. D was convicted of burglary with intent to commit rape and appealed on the grounds that her putting her arms around him was an invitation to come in and so not a trespass: appeal accepted and conviction quashed.

Question 17

Entry: R v Ryan (1996)

Answer 17

D became trapped when trying to get through a window into a house in the early hours of the morning. His head and arm were inside but the rest of his body was outside. The fire brigade had to be called to release him. He was convicted of burglary as there was sufficient evidence on which the jury could find that the D had entered.

Question 18

Any building or part of a building: B & S v Leathley (1979)

Answer 18

A 25-foot-long freezer container had been kept as a storage unit in a farmyard for over 2 years, resting on sleepers with locks. This was held to be a building.

Question 19

Any building or part of a building: Norfolk Constabulary v Seekings and Gould (1986)

Answer 19

Lorry trailers that were use for storage space by a supermarket had been attempted to be burgled. It was fitted with lighting and heating and stood on it’s own wheels, steps had been built. Decided it was a building but defendants appealed on the grounds that in s9.4 a vehicle can only be a building if it is inhabited. Appeal was accepted and decision was quashed.

Question 20

Any building or part of a building: R v Walkington (1979)

Answer 20

D saw a till that was partially opened and left unattended. He reached over the counter to the till but it was empty. He was charged with burglary for entering a building with intent to steal. Appealed that the counter doesn’t amount to part of a building. The conviction was upheld as behind the counter is clearly out of bounds to the public.

Question 21

As a trespasser

Answer 21

D must enter a building as a trespasser, prosecution must prove that D knew they were trespassing: going beyond permissions.

Question 22

As a trespasser: R v Jones (1976)