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Property offences, Robbery & Burglary, Robbery=THEFT+FORCE - Coggle…
Property offences
2 burglary offences outlined in S.9 of the theft act 1968
S.9(1)(b)
having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict any gbh
Opportunity arises intent is formed
S.9 (1)(a)
he enters any building or part of any building as a trespasser and with intent to steal, inflict gbh or do any unlawful damage to the building or anything inside
Intention is there
Entry-D must enter the building
Brown(D seen in shop window)
Ryan(Stuck in downstairs window)
S.9(4) Building/part of a building
House, flat, vessel, permanent structure, shed(Rodmell)
B&S v Leathley(fridge)
Norfolk Constabulary v Seekings & Gould(lorry trailer and had wheels so deemed to be a vehicle
Walkington (1979)(in a shop and walked round behind till and looked if there was anything to take
As a trespasser
a person entering someone's land or property without permission or exceeding permission
Smith v Jones(stole tv from dad house-exceeded permission)
Next depends on which type of burglary 9(1)(a) or 9(1)(b)
s.9(1)(a) D must have the intention to commit one of the named offences at point of entry, but he doesn’t actually have to commit any of these offences.
s.9(1)(b) what D intends when he enters is irrelevant, instead the prosecution must prove D has committed or attempted to commit a theft or GBH once he is inside the building as a trespasser.
Robbery criminal offence S.8 theft act 1968
Definition-
Steals
First aspect is theft-All AR and MR aspects of theft must be proven
Robinson(believed he had the right to the £5-not dishonest-not robbery)
Immediately before or at the time of the theft they
Force must be used at the time of theft or immediately after
Hale(hand over woman's mouth)
Lockley(stole beers shopkeeper tried to stop him leaving by using force can be continuous/ongoing act)
Use force/threat of force on a person
Force must be sufficient to be noticeable but a threat of force will be enough-V does not have to be scared
Dawson v James(nudge-force)
Bentham(gun fingers)
B and R v DPP(group of boys stole other boys stuff-money, phone)
DPP v P(snatched cigarette out his hands-force must be used on person so not guilty of robbery)
In order to steal
Force must only be used in order to steal not anything else
Robbery & Burglary
Robbery=THEFT+FORCE