ROBBERY, BURGLARY, BLACKMAIL

R v Robinson [1977]

• D was not dishonest under s.2 TA 1968

• No theft (no dishonesty) = no robbery

• in pq- have to identify the elements of theft to see if robbery established

Force- R v Dawson and James [1977]

• nudging someone can be regarded as force, even if only minimal

RP v DPP

• D snatched cigarette- not touching the victim- does not amount to robbery

• Robbery: threat/ use of force, putting someone in fear of the use of force, seeking to put someone in fear of the use of force

Ryan

• D- tried to appeal- immobilised and could not physically steal anything

• held: entry was enough to be established

Hale [1979]

• D’s broke into house

• one of them- restricted the victim, whilst other stealing valueable good

• both liable for robbery- worked together to get the valuables and restrain the victim

• completing the actus reus of robbery- (s8)- theft + force

• force has to be befor or at the time of the act

Corcoran v Anderton [1980]

• force need not be against the victim- can be against a third person

• not have to be successful with getting the property

Davis

• minmal entry required to establish trespass

B and S v Leathley [1979]

• a 25 feet freezer sitting in a farmyard for more than two years held to be a building

R v Walkington [1979]

• Whether a structure amounts to a building- question of fact or degree

Trespasser- Collins [1973]

• when the invitation is too late, already entered- offence of trespass

Jones; Smith [1976]

• If D enters with permission but for a purpose outside that permission, they become a trespasser

Aggravated Burglary- R v Stones [1989]

• self-defence claim- showed he intended to use it to cause injury.