Robbery and Burglary Flashcards

1
Q

Robbery and Burglary Offences

A

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

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2
Q

Robbery (s.8(1) Theft Act 1968)

A

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)

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3
Q

Force (for robbery) is:

A
  • 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)
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4
Q

Jury must consider whether the appropriation was still continuing at time force was used
(If yes, D may be guilty)

A

R v Hale

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5
Q

Burglary (s.9(1)(a) Theft Act 1968)

A

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)

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6
Q

‘Enter’ (for purposes of burglary)

A

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)

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7
Q

‘Building or part of building’ (burglary)

A
  • 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)
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8
Q

‘Trespasser’ (burglary)

A

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
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9
Q

If D trespasses in part of a building…

A

… intent must be in relation to same part

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10
Q

Burglary (s.9(1)(b) Theft Act 1968)

A
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
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