Criminal Law

Robbery & Burglary

Begin by identifying the defendant and the behaviour in question. Then consider which offence applies:

Robbery – Life imprisonment (S8(2) Theft Act 1968)

Burglary – 14 years imprisonment (S9(1)(a) or S9(1)(b) Theft Act 1968)

Robbery (S8(1) Theft Act 1968)

Actus Reus:

•! Stole (Satisfies the AR of Theft)

•! Used or threatened force on any person →! R v Dawson – ‘Force’ is a word in ordinary use and it is a matter for the jury in each case to determine whether force had been used (or threatened) – but it need not be significant →! R v Clouden – Force may be applied to someone’s property →! S8(1) Theft Act 1968 – May be in relation to any person, but in regards to 3rd parties, they must be aware of the threat

•! Force or threat of force was immediately before or at the time of the theft; and →! R v Hale – If appropriation was continuing and force was used at the time of the theft, the defendants could be guilty of robbery (jury’s decision)

•! Force or threat of force was used in order to steal →! R v Vinall – Convictions for robbery were quashed because defendants were not proven to have had an intention to permanently deprive the victim of his property at the point when force was used on the victim Criminal Law

Mens Rea:

•! MR for Theft i.e. dishonesty and intention to permanently deprive •! Intention as to the use or threat of force

Burglary

Criminals who are ‘armed’ when they commit an offence of burglary can also face liability for an aggravated offence of burglary under S10 Theft Act 1968.

S9(1)(a) Theft Act 1968 Actus Reus:

Enter a building or part of a building as a trespasser

→! R v Brown – There must be actual entry – question of fact for the jury →! R v Ryan – Entry can be made with only a part of the body e.g. the head →! R v Walkington – The defendant can enter a separate part of a building demarcated from the rest of the building →! R v Jones and Smith; R v Collins – A defendant can go beyond the permission granted to them, thus making them a trespasser

Mens Rea:

Know or is reckless that he is a trespasser and intent to commit theft, GBH or criminal damage

•! Must possess MR at the time of entry and must coincide with entry •! If only a part of the building, defendant must possess intent in relation to the same part →! AG Reference Nos. 1&2 1979 – Can be conditional intent

Criminal Law

S9(1)(b) Theft Act 1968

Actus Reus:

Enter a building or part of a building as a trespasser and commits AR of theft/ attempted theft or GBH/ attempted GBH (excludes wounding)

→! R v Brown – There must be actual entry – question of fact for the jury →! R v Ryan – Entry can be made with only a part of the body e.g. the head →! R v Walkington – The defendant can enter a separate part of a building demarcated from the rest of the building →! R v Jones and Smith; R v Collins – A defendant can go beyond the permission granted to them, thus making them a trespasser

Mens Rea:

Know or is reckless that he is a trespasser and Mens Rea for theft, attempted theft, GBH or attempted GBH

•! Must possess MR at the time of offence but it doesn’t need to be at entry