W7 - Robbery and Burglary

Question 1

Robbery - s8(1) TA 1968

Answer 1

AR= AR of theft (Vinall) and; immediately before or at the time; uses force on any person or puts the victim in fear of being then and there subjected to force
MR= MR of theft and; intending to use force/intending to put the victim in fear in order to steal

Question 2

Force

Answer 2

• matter of fact for the jury
• does not require violence, a mere nudge is enough (Dawson)
• Can be applied through property, as long as it does cause force against the person (Clouden)
• BUT a slight touching will not count as force for robbery (P v DPP)
• Does not require actual fear, sufficient for V to simply apprehend that force will be used (R v DPP)
• ‘person’ relates to anyone (s8(1)), but if force is threatened against a 3rd party, that party must be aware of the threat of force

Question 3

Immediately before, or at the time

Answer 3

• problematic if force is used after the theft
• BUT: appropriation can be a continuing act, so if the jury considers that the theft is continuing when the force is used, this could be considered to be at the same time (Hale)

Question 4

Burglary - s9(1)(a)

Answer 4

AR= entry into a building (or part of) as a trespasser
MR= knowledge/recklessness as to trespass (Collins); ulterior intent as to theft/infliction of GBH/criminal damage (s9(2))

Question 5

Entry

Answer 5

• entry does not need to be substantial or effective

- occurred if any part of the body enters (Ryan; Brown)

Question 6

Entry into a building or part of

Answer 6

• includes inhabited vehicles or vessels, even if no one is present at the time (s9(4))
• ‘part of a building’ includes area where D is not entitled to be eg behind a shop till area (Walkington)
• imp that must trespass/intend to commit a crime in that specific building/that specific part

Question 7

As a trespasser

Answer 7

• must have been a trespasser at the time of entry - entering with fraudulent permission is not true permission (Boyle)
• means entering without permission (as defined in tort law- Collins)
• includes entering in excess of permission (eg permitted to enter but not in order to steal - Jones and Smith)
• includes when permission to enter for lawful purposes and he entered for an unlawful purpose (Collins)

Question 8

Know, or be reckless to, the entry being a trespass

Answer 8

• must know or be reckless to the facts that make him a trespasser (need not know in law that he is a trespasser) - Collins
• aka for recklessness: requires that D foresaw the risk that he did not have permission to enter and go on, without justification, to take that risk

Question 9

Ulterior intent

Answer 9

• intention to commit one of the three ulterior offences (theft, GBH, criminal damage)
• conditional intent (intent to steal IF certain circumstances arise) is sufficient - A-G’s ref Nos 1 and 2 of 1979

Question 10

Aggravated burglary

Answer 10

Criminals who are ‘armed’ when they commit an offence of burglary can also face liability for an aggravated offence of burglary under s10 TA 1968

Question 11

Burglary - s9(1)(b)

Answer 11

AR= enter a building (or part of) as a trespasser; commit the AR of theft, attempted theft, GBH (NOT wound; s18 or s20), or attempted GBH
MR= know/be reckless that you are a trespasser; have the MR for theft, attempted theft, GBH, or attempted GBH