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16 Cards in this Set
- Front
- Back
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Robbery
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Theft Act 1968, s8(1)
indictable only, up to life |
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Force in Robbery is a matter for the jury, but need not be significant (i.e. jostling)
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R v Dawson
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Force can include against V's property, i.e. wrenching a bag
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R v Clouden
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Force may be in relation to any person, but where threatened against a 3rd party, he must be aware of it (in fear of immediate force)
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TA68, s8(1)
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Was the appropriation still continuing at the point the force was used?
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R v Hale
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Must be immediately before or at the time of the Theft
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TA68, s8(1)
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Recklessness or intention as to use/threat of force
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Professor JC Smith suggests in The Law of Theft that recklessness is enough
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Entry must be “effective” for burglary but is for the jury
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R v Brown
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Entry can be effective even if you're stuck and can't steal
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R v Ryan
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Under old law, where an instrument is used, there is entry if it is used to commit an offence but if it is just to gain entry
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Griew, The Theft Acts 1968 and 1978
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Building (or part of building):
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TA68, 9(4)
Includes permanent buildings, dwellings, inhabited vehicles and vessels, regardless of whether inhabitant is there (camper van on drive in November won't be) |
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Includes permanent buildings, dwellings, inhabited vehicles and vessels, regardless of whether inhabitant is there (camper van on drive in November won't be)
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R v Walkington
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Consent to entry gained by fraud is not “true consent”
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R v Boyle
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Trespass if you have permission for lawful reason but enter for unlawful reason
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R v Jones and Smith
Must know or be reckless to exceeding permission and intend to at time of entry |
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MR of Trespass
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R v Collins
(knows or is reckless that he is a trespasser) – Must have this MR at time of entry for 9(1)(a) |
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Conditional intent to steal is sufficient intent
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A-Gs ref no 2 of 1979
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