Robbery and Burglary Flashcards
R v Dawson
2 Defendants jostled the victim, making it difficult to keep his balance, while another man took his wallet; held that the jostling amounted to force
RATIO: Force need not be significant.
Force is a word in ordinary used and it is a matter for the jury in each case to determine whether force has been used or threatened
R v Clouden
Defendant approached victim from behind and wrenched her basket out of her hand
RATIO: C of A - There is no distinction between applying force to the person or to his or her property.
P v DPP
D snatched a cigarette from the victim, without making any contact with the victim, was held only to be guilty of theft and not robbery.
R v Hale
Defendants broke into a woman’s home and stole jewellery from her bedroom; after taking the jewellery they tied her up; argued that they had used force after taking the jewellery and therefore this did not meet the requirement of force being immediately used before or after stealing. Issue was whether appropriation was still continuing at the time the force was used.
RATIO: Appropriation can be a continuous act and is not over and done with as soon as the property has been taken; it is sufficient for force to occur at some point during this continuing act of appropriation. Question of whether appropriation is still continuing is a question for the jury.
R v Vinall
Defendants had punched victim from his bike but then left it 50 yards away; held not to amount to robbery because there was no intention to permanently deprive.
RAITO: all elements of theft have to be proven for a charge of robbery and the intention to permanently deprive.
R v Brown
Defendant leant in through a show window to steal items from within the shop; argued he was not guilty because his lower body was outside the shop. Cof A rejected argument.
RATIO: C of A confirmed there must be ‘effective’ entry for the purpose of burglary, but whether there has been such an entry is question of fact for the jury; leaning in with one’s upper body may amount to effective entry.
R v Ryan
The D was convicted of burglary after being discovered by an elderly householder, firmly stuck with his head and arm inside a window. Convicted of burglary but appealed arguing that he had not effectively entered the property, incapable of stealing anything because stuck. Cof A rejected argument.
RATIO: entry of some part of the D’s body into the premises could amount to an effective entry: the fact that, at that point, the D was incapable of committing any crime such as theft was irrelevant.
-question for jury. (does not say it will always amount to entry but that it could amount)
R v Walkington
Defendant went around a 3-sided counter in a shop to get the till; convicted of burglary; argued he had permission to be on the shop floor and given till area was part of that shop floor he did not enter ‘a part’ of the building as a trespasser
RATIO: where a physical demarcation suggests that the public is excluded from an area, this will make the area a distinct part of a building; a cordoned off area or a 3-sided counter will be sufficient for this.
Whether an area was excluded form the public is question for jury
R v Boyle
Defendant gained access to house by falsely representing himself as a servant of BBC employed to locate disturbances caused on the wireless; as a result, admitted entry and stole item inside
RATIO: Permission to enter obtained by fraud is not true permission.
R v Jones and Smith
Defendant had permission to enter his father’s home; however, he did not have permission to enter to steal; held to have exceeded permission given and acted as a trespasser and guilty of burglary
RATIO: Entering a building with the intention of doing something contrary to a general permission to enter can amount to trespass.
DPP v Smith
Policeman tried to stop the D from driving off with stolen goods by jumping onto the car; D drove off at speed and zigzagged in order to get officer off car; policeman suffered harm
Ratio: GBH means ‘really serious harm’
Moriarty v Brookes
D had a dispute with a customer and asked him to leave; upon customer’s refusal to do so he struck him causing a cut below his eye
Ratio: A wound requires both layers of the skin to be broken
JJC (a minor) v Eisenhower
D shot an airgun at a group of people; hit someone just below the eye, causing bruising but no breaking of the skin (one blood vessel at least below the skin burst); conviction under s20 set aside
Ratio: Bruising or internal bleeding are not wounds no matter how serious the bleeding is, as the skin has not been broken.
R v Collins
Woman was sleeping in her bedroom and then woke up to find a naked man at her window sill; she assumed it was her boyfriend and invited him in; when she switched on the light she discovered it was not her boyfriend
RATIO: At the time of entry into the building, the defendant must either knowing he was entering as a trespasser or be reckless as to whether he was a trespasser or not.
D is not guilty if when entering the building/part of it he did not know he was trespassing or at least without acting recklessly as to whether he was trespassing.
