Crime- Robbery & Burglary

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  • Created by: Lara
  • Created on: 06-05-17 20:46
Theft Act 1968 S.8 Robbery
theft, force or the threat of force, immediately before or at the time of theft in order to steal
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Robinson 1977
If there is no theft, there is no robbery
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Vinall 2011
Theft should be completed for the conviction of robbery
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Dawson and James 1977
Even a small amount of force is sufficient
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Hale 1979
Force should be immediately before or at the time of stealing
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Codsi 2009
Force or threat of force should be in order to steal (mens rea element)
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Theft Act 1986 S.9
Two types of burglary 1a and 1b
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Sentence for burglary
Maximum 14 years if a place of residence, otherwise 10. Aggravated burglary has a maximum of life imprisonment.
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Entry of a building- Burglary
Entry must be effective and substantial
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Leathley 1979- Burglary
25 foot long freezer container was held to be a building
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Going beyond permission-burglary
Even if you have permission to enter the building or part of the building you can still be convicted under burglary for "going beyond permission"
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Burglary S.9 1a
He enters any building or part as a trespassers of with intention to steal, commit GBH or do unlawful damage
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Burglary S.9 1b
He having entered bulind or part of as a tresspasser, itens to steal or steals or inflicta GBH. (decides to steal once there)
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"buldining" definition under burglary?
No definition, but should have a stable structure, incl. boats
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Burglary- tresspasser
Is the tresspass for the purpose of burglary? Exceeded permission to enter?
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Criminal Damage Act 1971 S1 Definition
Without lawful excuse, destorys or damages property belonging to another intending to destroy or damage. Or being reckless as to the property being damaged.
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Destroy and Damage
does not have to be permanent, e,.g. case walking on grass. Damage should not be trivial
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Property-Criminal damage
tangible nature, real or personal icl. money
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Belonging to another- Criminal Damage
Similar to property, whoever has control or possession of it
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Without lawful consent
D honestly believes the owner would of consented. Case, man thought his boss was telling him to burn down the building
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Aggravated Criminal Damage, Criinal Damage Act S.1 (2)
Without lawul excuse destorys any property belonging to himself or another, intending to destroy or damage property, or being reckless as to property being destroyed
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Arson, Criminal Damage Act s.1 (3)
Criminal damage by fire, indictable only offences so maximum sentence of life imprisonment
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Other cards in this set

Card 2

Front

If there is no theft, there is no robbery

Back

Robinson 1977

Card 3

Front

Theft should be completed for the conviction of robbery

Back

Preview of the back of card 3

Card 4

Front

Even a small amount of force is sufficient

Back

Preview of the back of card 4

Card 5

Front

Force should be immediately before or at the time of stealing

Back

Preview of the back of card 5
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