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Robbery and Burglary - Coggle Diagram
Robbery and Burglary
Actus Reus:
Steals:
If there is not a completed theft, then there cannot be a robbery (Robinson), if the theft is not complete D could be charged with attempted robbery.
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Force:
The prosecution must prove force or threat of force immediately before or at the time of the theft and in order to steal
'Force' is an ordinary word with it's ordinary meaning (Dawson and James; Clouden)- this is quite subjective
Fear of force:
Force doesn't necessarily have to be applied to V, fear of force is enough.
V does not have to be scared, it is sufficient that D sought to put them in fear of force (B and R v DPP)
This can be 'on any person', the use or threat of force does not have to be on the victim of the theft.
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In order to steal:
The force must be used in order to steal eg. If Ellie steals Fay's bag them pushes Liam over so she can run away then this is force in order to steal.
However, if Ellie pushes Liam over because she's annoyed at him, then decides to steal Fay's bag, then the force is not for the purposes of theft.
Actus Reus:
Enter:
Not defined in the statute, however 'entry' does not necessarily have to be 'effective or substantial' (Ryan)
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As a trespasser:
If someone has permission to be there then he is not a trespasser (Collins), however if D has permission to enter but then goes beyond that permission, then they may be a trespasser (Smith and Jones).
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Burglary
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Different elements:
-Intention to do the thing
-Actually doing the thing, or attempting to do so
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Mens Rea:
s.9(1)(a)-
Intention or recklessness as to being a trespasser
Intention to commit theft, GBH or unlawful damage
This includes conditional intent
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Robbery
Contained in s.8 Theft Act 1968, defined as 'A person is guilty of robbery if he steals and immediately before or at the time of doing so, he uses force on any person or seeks to put any person n fear of being then and there subjected to force'