Theft-related offences

Question 1

Robbery, actus reus elements:

Answer 1

s. 8(1)
1. Theft;
2. Force/fear of force;
3. Any person;
4. Immediately before or at the time.

Question 2

Robbery, mens rea elements:

Answer 2

Merges the mens rea of theft with an intention to use force in order to steal it.
R v Vinall, defendants punched victim from bike, took it and left it 50 yards away. Not liable for robbery since did not have an intention to permanently deprive the victim of their property.

Question 3

Robbery, force/fear of, info and cases:

Answer 3

• level of force may be minimal, e.g. pushing/jostling (R v Dawson);
• force may be applied to the person or their property, e.g. grabbing a shopping bag without touching the owner (R v Clouden);
• fear of force will suffice, threats that may induce the victim;
• force must be used to facilitate the theft, must be a causal link between the theft and the force.

Question 4

Robbery, immediately before or at the time, info and case:

Answer 4

R v Hale
Facts: appropriation is a continuing act that commences with the first assumption of owner’s rights but which does not cease immediately (duration of appropriation is a question of fact for the jury).

Question 5

Burglary, actus reus elements:

Answer 5

s. 9(1)
1. Entry;
2. Building or part of a building;
3. As a trespasser;
4. Actual offence.

Question 6

Burglary, partial entry, case:

Answer 6

R v Brown, only part of the body, such as a hand through an open window to remove a purse, satisfies requirement.

Question 7

Burglary, building or part of building, case:

Answer 7

S. 9(4) specifies inhabited vehicles and vessels are within the meaning of ‘building’. Others when they are sufficient size and permanence, Stevens v Gourley.
R v Walkington, part of a building determine by the presence of a physical demarcation.

Question 8

Burglary, trespasser, info and case:

Answer 8

Defendant must enter the part of the building as a trespasser. Must enter without the knowledge or permission of the owner.
R v Collins: trespass requires entry without permission, so if the defendant believed he had permission to enter prior to crossing the threshold, then he would not be a trespasser.

R v Jones and Smith: a person who enters a building for an unlawful purpose will be a trespasser in the building, irrespective of any express or implied permission to enter that has been extended to him.

Question 9

Burglary, mens rea:

Answer 9

Ulterior intent - s. 9(1)(a).
Requires an ulterior intent to commit theft, GBH or criminal damage at the time that the defendant entered the building.

Specific offences - s. 9(1)(b).
Actual or attempted offending once the defendant is within the building, must satisfy:
- all five elements of theft;
- the elements of the OAPA, s.20; or
the requirements for liability for attempting either offence.