Property Offences - Robbery

Question 1

Robbery definition

Answer 1

1. Indictable offence, must be tried at Crown Court
2. The actus reus and mens rea of Theft
3. D uses or threatens force: on any person
4. This occurs immediately before or at the time of steal
5. Motivation is to steal

Question 2

Meaning of force

Answer 2

Violence is not required, simple nudging or slight pushing of victim will suffice. D have also been found guilty of robbery despite Not touching the victim, where the force was directed against the property , such as a bag

The force may be against “any person” not necessary against the person whom the property belong, however if a third party is subject of threat (e.g. daughter, husband), the intended victim must be aware of the threat

Question 3

Timing of the force

Answer 3

Must be immediately before or at the time of theft.
- not a robbery if the theft take place after the use of force
- the issue to be determined was whether the appropriation was still continueeing at the time the force was used.

Question 4

Burglary

Answer 4

1. offence carries max sentence of 10 years’ imprisonment in the Crown court, increasing to 14 years in case of burglary of a dwelling.
2. Requirements:
   - D enter a building (or part of) as a trespasser and know or be reckless they are a trepasser
   - 9(1) a) Theft act: The D must intend theft, infliction of grievous harm or criminal damage
   - 9(1)(b): D must** commit** theft or infliction of grievous bodily harm or attempt theft or grievous bodily harm

Question 5

meaning of entry

Answer 5

• climbs through window
• lean through a shop windowm lower part stays outside: still entry
• head and arm inside the window: yes
• insert wire hanger through a letter box and hooks the keys that are hanging near the door: may be if instrument is used to commit the offence, it may be treated as an extension of D’s body but no case law
• fingertips through the door: no- not effective

Question 6

Building meaning

Answer 6

1. a structure of significant size with some degree of permanence (e.g. house, factory, shop, shed, garage, greenhouse)
2. Inhabited vehicles or vessels (e.g. houseboat, caravan, mobile home
3. NOT temporary structure : tent or marquee

Question 7

Part of building

Answer 7

D may be liable for burglary if they enter a part of building (including case D enter a building lawfully but then moves to another part where they do not have authority to go.

Question 8

Trespasser

Answer 8

A person may be trespasser in fact despite having permission to enter, e.g. cover face to get into library, falsely tells A that is a policer office to gain access, enters supermarket intending to steal

Question 9

Aggravated burglary

Answer 9

D commits burglary and at the time has with him any firearm or imitation of firearm, any weapon of offence or any explosive
Indictable only with max sentence of life imprisonment

Question 10

Weapon of offence

Answer 10

any article made or adapted for use for causing injury to or incapacitating a person or intended for such use, including:
1. machete
2. broken bottle
3. a hammer
4. length of rope
5. handcuffs

but not include for ex. a fencing sword as it is made for sport and intended for use as such

Question 11

At the time

Answer 11

D must have weapon with them at the time of committing burglary:
s9(1)a: burglary : at the time of entry
s9(1)(b): at the time of theft/grievous bodily harm: if D has weapon at entry but then throw it before committing theft, he is not guilty of aggravated burglary.