Robbery & Burglary Flashcards
For Robbery, does the force used need to be substantial? Case.
No, e.g. jostling will suffice - Dawson.
For Robbery, does the force need to be applied to the person? Case.
No, it can be applied to property - Clouden.
For Robbery, is theft a single act or a continuing act? Case.
It can be a continuing act, e.g. it can continue after you have physical possession of the property and until you have left the building - Hale.
When must a defendant have the MR of trespass (i.e. knowledge/recklessness as to trespass)? Case.
At the time he enters as a trespasser (i.e. AR and MR must coincide) - Collins.
For s9(1)(a) Burglary, can intention to commit Theft/GBH/Criminal Damage be conditional? Case.
Yes - AG’s Reference No 1&2 of 1979.
What does entry need to be for s9(1)(b) Burglary? Does the defendant’s whole body need to enter the building? Case.
It simply needs to be ‘effective’ for the purposes of Burglary - Brown.
Can a defendant be deemed to have entered if he gets stuck, e.g. in a window, and is not actually able to steal? Case.
Yes, if it is effective. He does not actually need to be able to commit burglary, his entry must simply be effective to allow the possibility - Ryan.
How might a separate part of a building be identified? Case.
Physical demarcation, e.g. rope, barrier, counter - Walkington.
How can a guest who has permission to be in a building become a trespasser? Case.
Exceed his permission - Jones & Smith.
