Robbery and Burglary

Question 1

Robbery

Answer 1

Theft Act 1968 S.8:
The AR and MR of theft have to be satisfied. Then the following conditions have to be met:
1. that D stole
2. that force was used or there was fear of immediate use of force
3. the threat of force was immediately before or at the time of the theft
4. the force or threat was used in order to steal

Question 2

Burglary 9(1)(a)

Answer 2

A person is guilty of this offence if he enters any building or part of a building as a trespasser and with intent to commit theft, GBH or criminal damage.

Question 3

Burglary 9(1)(b)

Answer 3

Having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any GBH.

Question 4

R v Dawson

Answer 4

The level of force has to be more than minimal.

Question 5

R v Clouden

Answer 5

Force can be against property. It does not have to be on the person themselves.

Question 6

R v Hale

Answer 6

Force must be before the theft or during the theft.

Question 7

R v Brown

Answer 7

An arm inside a building to take an apple with the knowledge of entering as a trespasser, the defendant will be guilty of burglary.

Question 8

R v Smith and Jones

Answer 8

if you enter a building with permission, but enter with the intent to commit theft, then you do not have permission to be in that building anymore and therefore you are a trespasser.

Question 9

R v Walkington

Answer 9

Intention can be conditional. If you have the intent to steal, you can still be guilty of burglary even if you do not know if there is something in the building that you want to take.

Question 10

R v Ryan

Answer 10

It is not the case that entry of any part of the defendant’s body into the premises would always about to entry: it is simply the case that it COULD do so.