Robbery and Burglary flashcards

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  • Created by: bananaaar
  • Created on: 12-05-15 17:05
Where is robbery set out?
Section 8 Theft Act 1968
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Definition of robbery
A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.
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Elements of theft?
All elements of theft must be complete. As soon as theft is complete there can be a robbery.[Robinson] [Cocoran v Anderton]
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[Robinson]
D owed £7 and during struggle D took and took dropped £5 note he believes mans wife owned. Ds robbery conviction quashed as no theft.
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[Cocoran v Anderton]
D grabbed woman bag which fell to ground. D ran away without bag. Convicted of robbery as theft was complete.
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Amount of force?
Amount of force need not be large, threatening words are sufficient. [Dawson and James] [Clouden]
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[Dawson and James]
One man pushed victim off balance so other could take wallet. CA upheld robbery convictions. Force was to be decided by jury.
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[Clouden]
D wrenched bag from Vs hand. CA upheld robbery convictions even though force was quite small.
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Scared victim?
Offence is committed even if V is not scared. [B and R v DPP]
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[B and R v DPP]
Schoolboy pushed and held by two boys who took phone, money, watch and travel card. V shocked not scared. Upheld robbery as force implied by group of boys and some force used.
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Person threatened?
Person threatened need not be the one from whom property is taken.
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Force used (time)?
Force must be used before or at the time of stealing, if not used in order to steal then there is no robbery. [Hale] [Lockley]
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[Hale]
D and accomplice broke into house. One tied up and other stole property. CA upheld robbery convictions because theft as a whole was seen as a continuing event so force was used at time of stealing and in order to steal.
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[Lockley]
D caught having taken beer in off licence. Used force on shopkeeper to escape. CA upheld robbery conviction because theft as a whole was seen as a continuing event so fore was used at time of stealing and in order to steal.
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MR of robbery?
Dishonesty Intention to permanently deprive Intention to use force to steal.
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Where is burglary set out?
Section 9 Theft Act.
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Definition of burglary? (Section 9a)
Section 9(a): Entry of a building or a part of a building as a trespasser with intent to teal, inflict GBH or do unlawful damage to the building or anything in it.
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Definition of burglary (S 9b)
Section 9 (b): Having entered a building or part of a building as a trespasser a person steals or attempts to steal anything in the building or inflicts or attempts to inflict GBH o any person in the building.
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Common elements of burglary?
Developed by judges. Actual entry is not required. [Ryan]
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[Ryan]
D got stuck trying to break into house in middle of night with head and one arm in building. Conviction upheld despite entry ineffective.
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Building?
No defintion in Theft Act. Includes houseboats and caravans. [B and S v Leathley] [R v Coleman] Part of a building - access is open to only some parts of building. [Walkington]
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[B and S v Loathley]
freezer container resting on sleepers in farm yard for 2 years with lockable doors and electricity. Held to be a building.
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[R v Gould]
Lorry trailer with wheels used for storage for over a year with access steps and electricity. Not building as still had wheels.
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[Walkington]
D opened till inside shop area surrounded by three sided counter. Conviction upheld, inside counter part of building where W was trespasser who entered intending to steal.
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A trespasser?
Someone who enters without permission. [Collins] [Brown] D must know they are trespassing or be subjectively reckless as to whether they are trespassing. Possible to become a trespasser by exceeding permission given [Barker] [Jones and Smith]
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[Collins]
D climbed ladder naked and perched on windowsill before entering and having sex with girl. CA quashed conviction saying enter had to be effective and substantial
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[Brown]
D leaned through shop window to reach goods inside. CA upheld conviction saying entry had to be effective.
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[Barker]
D was asked to keep an eye on neighbours house and told of key in case of emergency. D used key to enter house and steal, he was convicted of burglary.
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[Jones and Smith]
S and J took two TV sets from home of S's father who said son had general right to enter. CA upheld burglary convictions as permission given was exceeded.
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MR for both section 9(a) and 9(b)
For both s9(a) and s9(b) D must know or be subjectively reckless as to whether he is trespassing.
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MR for section 9(a)
For s9(a) the D must intend to commit one of the three ulterior offences and conditional intent is sufficient.
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MR for section 9(b)
For s9(b) the D must also have the MR for theft or GBH when committing or attempting to commit the AR of one of these offences.
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Other cards in this set

Card 2

Front

Definition of robbery

Back

A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.

Card 3

Front

Elements of theft?

Back

Preview of the front of card 3

Card 4

Front

[Robinson]

Back

Preview of the front of card 4

Card 5

Front

[Cocoran v Anderton]

Back

Preview of the front of card 5
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