Criminal 5 Robbery and Burglary

Robbery Statute

s8 Theft Act 1968

Actus Reus of Robbery

* Force
* On any person
* Immediately before or at the time of stealing

Mens Rea of Robbery

* Mens Read of Theft
* Intend to use force in order to steal

R v Robinson

No theft, no robbery

Three ways to satisfy force

1. use of force
2. Threat of force
3. Attempt to put person in fear of force

R v Dawson and James

Force does not necessarily mean violence, a nudge could mean force

R v Clouden

Force can be applied through property

P & Others v DPP

With no direct or resistance and minimal indirect contact, there is no force

R v Taylor

The victim does not actually have to fear force, the defendant only need intend it

R v Hale

The continuing act principle allows for the use/ threat of force to still be applicable if it occurs after the actual theft

R v Vinall

Mens rea must be formed at the time of theft, not as an afterthought

Burglary Statute

s9 Theft Act 1968

Two types of Burglary

s9(1)(a) and (b)

s9(1)(a) burglary

Defendant must:

* Enter as a trespasser
* Have intention to steal, inflict GBH or criminal damage

s9(1)(b) Burglary

Defendant must:

* Enter as a trespasser
* Once inside: (attempt to) steal or inflict GBH

s9(1)(a) Actus Reus

* Defendant enters
* A building or part of a building
* as a trespasser

s9(1)(a) Mens Rea

* Knowing or being reckless as to entry as a trespasser
* With intention to steal, inflict GBH or criminal damage

R v Ryan

Partial presence is all that matters for “entry” regardless of whether the person is actually able to steal from the premises

Stevens v Gourley

A building must be “a structure of considerable size and intended to be permanent or at least endure for a considerable time”

B and S v Leathley

A 25foot long freezer container which was outside was held to be a building

Norfolk Constabulary v Seekings & Gould

A large temporary storage container still on the wheeled chassis was held not to be a building

R v Walkington

A till area was held to be part of a building, it was up to the jury to decide

R v Collins

Trespass is where a person enters a building in possession of another who does not consent to the entry

R v Jones & Smith

A trespasser can become so by exceeding their consent

R v Jenkins

For s9(1)(b) intention to commit GBH is not essential, just that GBH was committed

Maximum sentence for normal burglary s9(3) TA 1968

14 years - for a dwelling

10 years - for any other building

Maximum sentence for aggravated burglary s10(2)

Life Imprisonment

Aggravated Burglary s10(2)

Burglary when in possession of a firearm, weapon of offence or explosive

Weapon of Offence s10(1)(b)

* Made or adapted for causing injury to or incapacitating a person; or 
* Which, at the time of committing the burglary, the defendant possesses with the intention of causing injury to or incapacitating a person 

R v Stones

A weapon does not need the intention for use of that specific burglary

R v Kelly

A screwdriver held not to be a weapon of offence as it was not intended for injury or incapacitation but for the theft itself

For aggravated burglary, when must the D have the article with them?

At the point of entry (s9(1)(a)) or on commission/ attempted commission of theft or GBH (s9(1)(b))

R v O’Leary

It is not relevant if the defendant was unarmed when the entered the building, if they are armed during the theft, it is burglary

R v Francis

Aggravated burglary convictions were quashed as there was no proof the defendant intended to steal

R v Klass

If the defendant does not enter the building with the weapon, there is no aggravated burglary