Burglary, Robbery and Fraud Flashcards
(32 cards)
what constitutes robbery under s.8 of the Theft Act 1968?
steals
uses force before or after stealing
or seeks to put any person in fear of being then and there subjected to force
how is robbery different to theft?
use or threatening the use of force in order to steal
what is there a requirement to prove first for robbery?
requirement to first prove theft
ex// appropriation, intention to permanently deprive
Mitchell 2008
acquittal based on a lack of intention to deprive permanently
what is meant by ‘dispose of’ in order to establish whether there has been an appropriation of property and the assumption of another’s rights?
Mitchell 2008
use up
out of date when returned
destruction of the thing
removal of the whole value
(not merely the taking of)
how does Smith describe ‘force’ in Law of Theft?
what is violence, comparatively?
‘force denotes any exercise of physical strength against another’
‘violence seems to signify a dynamic exercise of strength, as by striking a blow’
what use of force was not sufficient to constitute robbery in Monaghan 2000?
’’ P v DPP 2012?
being ‘jostled’
snatching a cigarette from someone’s mouth
what constitutes burglary under s.9?
enters building/part of building as a trespasser
with intent to commit theft/GBH/CD
OR having entered the building/part of building as a trespasser steals or attempts to steal
OR inflicts/attempts to inflict on any person therein GBH
what is required in order to be a trespasser?
knowledge that you are trespassing
otherwise, would be theft
what is meant by ‘enter’?
any part of the body, including the use of equipment, entering any part of the building
how did Barker v R 1983 establish that entry by fraud is considered trespassing?
authority from Jones v Smith 1976
‘if a person enters for a purpose outside the scope of his authority, then he stands in no better position than a person who enters with no authority at all’
what is the difference between s.9 (1)(a) for burglary and s.9(1)(b)?
s. 9(1)(a) - entering as a trespasser intentionally/recklessly with intent to commit specific crimes
s. 9(1)(b) - entering as a trespasser and then subsequently committing certain crimes (doesn’t include CD)
what did the Sentencing Council Guidelines establish as elements that would constitute a higher level of harm in a case of burglary?
'’higher level of culpability?
when victim is at home, trauma is caused, violence used/threatened, ransacking
deliberate targeting, evidence of planning, going to the property equipped, being part of a gang carrying out burglary
what did the Sentencing Council articulate a high level of culpability for robbery would include?
'’low level?
weapon to inflict violence, use of blade or (imitation) firearm to threaten, use of significant force, motivation or demonstration of hostility towards a particular group
presence of coercion, intimidation, exploitation, threat/use of minimal force, mental/learning disability
what were the facts of the Sang 2003 case?
what did the court hold about the link between going equipped and attempting burglary?
D stopped by police and found with a fishing rod with a magnet attached to one end
Police arrested on suspicion of attempted burglary
‘going equipped for a burglary can be seen as a relatively short step away from attempted burglary’
what were the facts of the Collins 1973 case of burglary (with rape prev under s.9(1)(a) Theft Act 1968)?
why was there no conviction?
V had invited D into her room assuming that it was her boyfriend and then proceeded to have sex with him
D was not her boyfriend and was a stranger who was crouching outside of Vs window
D would have to know/ be reckless as to whether he was a trespasser - here V had invited him inside
what case established that previous permission to enter did not provide a general position to enter, thus D was trespassing?
Smith 1976
father’s previous permission to enter did not provide entitlement to enter at anytime and steal 2 tvs
where can the offence of fraud be found?
Fraud Act 2006
what are the 3 key ways that fraud can be committed by?
false representation s.1
failure to disclose info s.3
by abuse of position s.4
what is meant by fraud by ‘false representation’?
dishonestly makes a false representation
intends by making the false rep
to make a gain for himself or another
OR cause loss to another or expose another to a risk of loss
what needs to be proven for fraud by false representation?
only that a false representation was made
NOT required to prove that V was deceived (V could be a machine)
what is required in order to establish something as a ‘false representation’?
D knows that representation they are making MIGHT be, or is, untrue or misleading
Ds knowledge means that the representation is made dishonestly
what causal link is required to establish fraud by false representation?
causal connection between dishonest false representation and the intention to make a gain or impose a (risk of) loss
what exemptions to dishonesty apply to fraud by false representation?
s.2 Theft Act 1968 exemptions
still maintains that mere willingness to pay will not negate dishonesty
what is meant by fraud by ‘failing to disclose information’ under s.3 Fraud Act 2006?
dishonestly fails to disclose info which they are under a legal duty to disclose
intends, by failing to disclose
to make a gain for himself or another
or cause loss to another or expose another to a risk of loss
