Robbery and Burglary

  • Created by: jesskeayy
  • Created on: 04-05-19 15:08
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  • Robbery & Burglary
    • Robbery- S.8 Theft Act 1968
      • S.8(1) person is guilty of robbery if he steals, using force in order to do so
      • S.8(2) person guilty of robbery or assault with intent to rob, shall be liable to life imprisonment
      • Theft and force/ threat of force. Elements of theft must be proved for robbery. Robbery will fail without theft elements
        • R v Robinson (1977)
      • AR: D steals and immediately before/ at the time of doing so, in order to do so, uses force on V
        • Force/ threats must be directed only at V
        • Force is a question for the jury
          • R v Dawson and James (1977)
        • R v Hale (1978) jury must be satisfied force was used immediately before/ at the time
        • R v Harris (1998) if theft takes place after force is used, it's for the jury to decide whether force was used in order to steal
      • MR: dishonesty and intention to permanently deprive
        • No MR necessary relating to use of force
    • Burglary- S.9 Theft Act 1968
      • S.9(1) guilty if (a) he enters any building or a part of a building as a trespasser, with intent to commit any offence
        • (b) having entered any building/ part of as a trespasser he steals/ attempts to or inflicts/ attempts to inflict GBH on any person in the building
      • S.9(2) offences referred to in s.(1)(a) above are offences of stealing anything in the building, inflicting GBH or any damage to the building
      • S.9(3) persons guilty of burglary shall be liable for imprisonment for a term not exceeding (a) where the offence was committed in a building which is a dwelling
        • (b) in any other case for 1 years
      • AR: D must 'enter'- this is a question of fact for the jury.
        • Collins [1973] effective entry
        • Ryan [1996]  any part of the body
      • MR: Intention or recklessness as to trespass. Cunningham subjective recklessness
    • Aggravated burglary- S.10 Theft Act 1968
      • S.10(1) person is guilty if he commits burglary with a firearm/ imitation one

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