Unit 6 – Robbery / Burglary

Question 1

Robbery =

Answer 1

AR = Theft and using force or seeks to put anyone in fear of immediate force at the time of or immediately before the theft.

MR = Dishonest appropriation and intention to permanently deprive (MR of theft) + intention / recklessness as to the use of force in order to steal

Question 2

Do all elements of theft need to be there for robbery to be established?

Answer 2

Yes.

Question 3

“using force / seeking to put anyone in fear of force”

Answer 3

Can be to ‘any person’ – does not need to be the owner of the property.

– force = a mere nudge is enough.
– can be applied through propeerty (e.g., wrenching a handbag off someone)
– Slight touching does not count (e.g., snatching a cigarrette out does not count as force)

Question 4

“at time of / immediately before theft”

Answer 4

ASK: When did the force/threat take place?

Force used immediately before or at time of theft = robbery

Force used after:

– If used after the theft, it may be a separate offence of theft plus an assault.

– Any force used or threatened after the theft will not give rise to a charge of robbery (may instead be theft & assault).

Question 5

What are the two types of burglary?

Answer 5

S 9(1)(a) – Entering with intent to steal, inflict GBH or commit unlawful damage

S. 9 (1) (b) – Having entered as a trespasser, stealing or inflicting GBH therein.

Question 6

S 9 (1) (a) Entering with intent to steal, inflict GBH or commit unlawful damage

Answer 6

AR = Enter a building or art of a building as a trespasser

MR = 1) Know / reckless that they are a trespasser + 2) Intend to commit theft, GBH or criminal damage

Question 7

S. 9 (1) (b) Having entered as a trespasser, stealing or inflicting GBH therein.

Answer 7

AR = 1) Enters a building or part of a building as a trespasser + 2) commit the actus reus of theft, attempted theft, GBH or attempted GBH

MR = Know or be reckless that they are trespassing + Have the mens rea for theft, attempted theft, GBH or attempted GBH.

Question 8

“D enters”

Answer 8

Occurs if any part of the body enters (e.g., includes where a burglar became stuck when trying to break though a window)

Question 9

“Building or part of a building”

Answer 9

• Question of fact for the jury.

Includes:

• A “building” = a structure of considerable size, intended to be permanent or at least endure for a considerable time (Stevens v Gourley)
• Inhabited vehicles or vessels like houseboat, caravan, mobile home (but not if they’re uninhabited).

– Shop, factory, shed, garage, greenhouse

– Does not include temporary structures like marquees / tents.

Question 10

“As a trespasser”

Answer 10

Entering without the permission of the owner.

– Includes entering in excess of permission (e.g., entering a cordoned off space)

– If D exceeds their permission only after they have entered, this is not s.9(1)(a) burglary (Laing) – e.g. D enters a shop intending to make a purchase and only once inside do they intend to steal: this is not covered by s. 9(1)(a).

Question 11

“knowing, or being reckless as to, the entry being a trespasser”

Answer 11

• D must know, or be reckless, about the facts that made D a trespasser.
• D doesn’t need to know in law that they are a trespasser.
• This knowledge or recklessness is required at the time of entry (Collins)
• Recklessness would require the defendant to foresee the risk that they do not have permission to enter and go on, without justification, to take that risk (therefore, if D trespasses ‘by accident’, they will not satisfy mens rea of trespass and so no charge of burglary.

Question 12

“intent to steal / inflict GBH / intent to cause criminal damage” (s 9(1)(a)

Answer 12

1) Intent to inflict GBH = intent t cause serious harm

2) Intent to cause criminal damage = intent to destroy / damage property belonging to another

3) Intent to steal = dishonestly intending to permanently deprive (can be conditional, i..e, entering to see if anything there is worth stealing).

Question 13

For s 9(1)(a), there is not need for D to actually commit any of the offences. It is burglary with intent.

Question 14

S 9(1)(b) – AR (as above) + “and commits the actus reus of GBH / attempted GBH / theft / attempted theft

Answer 14

• AR theft = appropriates property belonging to another. NOTE – the AR of theft is completed as soon as the appropriation occurs – i.e., even before D has left the building/ part of the building they are in.
• AR attempted theft = an act more than merely preparatory to the appropriation of property belonging to another (see attempts).
• AR GBH = cause really serious harm (see Non-Fatal offences) – NOTE – this is NOT wounding (but a wound may amount to really serious harm)
• AR attempted GBH = an act more than merely preparatory to causing really serious harm (see attempts)

Question 15

S 9(1)(b) MR (as above) + MR of GBH / attempted GBH / theft / attempted theft

Answer 15

• Mens rea of theft = dishonest intention to permanently deprive
• Mens rea of attempted theft = dishonest intention to permanently deprive
• Mens rea of inflicting GBH: can be the MR required for s. 20 OAPA 1861 – i.e., intent/reckless as to only causing ABH/some harm

– Can also be MR for s. 18 OAPA 1861 in the alternative (if intent is to avoid/escape arrest) – also intent/recklessness as to causing ABH/some harm.
– NOTE – this means D need not have intended really serious harm, if the MR is of s. 20 or s. 18 in the alternative (see Non-fatal offences)
– D may have been reckless as to causing some harm (ABH) if they foresaw the risk of this occurring and it was objectively unreasonable to take this risk. In either case, really serious harm will have resulted.

• Mens rea of attempted infliction of GBH: intending to commit really serious harm (s. 18 OAPA 1861) – see attempts.

Question 16

Aggravated burglary =

Answer 16

AR + MR of burglary s 9(1)a or (b) AND At the time, D has a firearm, imitation firearm, weapon of offence or explosive.

Question 17

For aggravted burglary, does D need to know they have the firearm with them?

Answer 17

Yes – but there is no need to prove they intended to use the weapon during the burglary.

– The weapon needs to be with them at the time, they have knowledge of the weapon, and it be intended to be used AS a weapon.

Question 18

Key case – R v Kelly ..

Answer 18

Defendant brought a screwdriver with him to break into a property. When the V surprised him, he used it in the heat of the moment – still counted as aggravated burglary.

Question 19

“At the time of”

Answer 19

D must have the weapon with them at the time of committing the burgalry.

For S 9(1)a burglary = weapon needs to be with them at the time of entering.

For S 9(1)(b) burglary = Weapon can be with them when the relevant offence is committed (e.g., GBH).

Question 20

Key cases – aggravated burglary

Answer 20

• R v Francis = The defendants entered a house armed with sticks and then discarded them before committing theft. They were found not guilty of aggravated burglary on appeal as the prosecution could not prove that the accused had the sticks with them at the moment they intended to steal.
• R v O’Leary = The defendant armed himself with a knife from within the kitchen of the house before going upstairs and confronting the occupants. Although he had not taken the knife into the property, thus did not have it at the time of entry, he was guilty of aggravated burglary under s 9(1)(b) because he had the weapon with him at the time he committed the theft.