Robbery and Burglary Flashcards
Robbery and Burglary Offences
s. 8(1) Theft Act 1968 (Robbery)
s. 9(1)(a) Theft Act 1968 (Burglary)
s. 9(1)(b) Theft Act 1968 (Burglary)
Important to always consider both burglary offences
Robbery (s.8(1) Theft Act 1968)
AR:
- D stole (committed AR of theft)
- D used, or threatened, force on any person
- Force used/threatened was immediately before or at time of theft
- Use/threat of force used in order to steal
MR:
- D stole (MR of theft)
– Not dishonest if it falls within s.2(1) TA 1968
- Recklessness or intention as to use/threat of force
(Prof JC Smith argues recklessness is enough)
Force (for robbery) is:
- matter for jury in each case to determine, but need not be significant (R v Dawson)
- may be applied to someone’s property
- may be in relation to any person
(only if third party is aware of threat)
Jury must consider whether the appropriation was still continuing at time force was used
(If yes, D may be guilty)
R v Hale
Burglary (s.9(1)(a) Theft Act 1968)
AR:
Enter
Building or part of building
as a trespasser (AR aspects of being a trespasser)
MR:
- MR of trespass (D knows/is reckless to fact that they are entering as a trespasser (R v Collins))
(must possess MR at time of entry)
- Intent to commit theft/GBH/criminal damage
(intent must coincide with entry)
(can be conditional intent)
‘Enter’ (for purposes of burglary)
Entry must be effective for purpose of burglary (question of fact for jury)
Entry by some part of Ds body into property may be enough to amount to entry (R v Ryan)
‘Building or part of building’ (burglary)
- Building includes inhabited vehicles and vessels (s.9(4) TA 1968)
- Must have degree of permanence
- Physical demarcation excluding public from certain area may indicate separate part of building (question of fact for jury)
‘Trespasser’ (burglary)
Need proof that D entered without consent/permission
- permission gained through fraud is not permission (R v Boyle)
- If D has permission to enter for lawful purpose but enters for unlawful purpose, it will also be trespass
If D trespasses in part of a building…
… intent must be in relation to same part
Burglary (s.9(1)(b) Theft Act 1968)
AR: - Enter - Building - as a trespasser and ALSO: - D commits AR of theft/attempted theft or GBH/attempted GBH
MR:
- MR of trespass (as with s.9(1)(a)
- but D need only possess MR at time he commits offence (may form MR after entry)
- intent to commit theft/GBH or attempted theft/GBH
- D can possess MR at time of entry or after