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16 Cards in this Set

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Robbery
Theft Act 1968, s8(1)

indictable only, up to life
Force in Robbery is a matter for the jury, but need not be significant (i.e. jostling)
R v Dawson
Force can include against V's property, i.e. wrenching a bag
R v Clouden
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)
TA68, s8(1)
Was the appropriation still continuing at the point the force was used?
R v Hale
Must be immediately before or at the time of the Theft
TA68, s8(1)
Recklessness or intention as to use/threat of force
Professor JC Smith suggests in The Law of Theft that recklessness is enough
Entry must be “effective” for burglary but is for the jury
R v Brown
Entry can be effective even if you're stuck and can't steal
R v Ryan
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
Griew, The Theft Acts 1968 and 1978
Building (or part of building):
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)
Includes permanent buildings, dwellings, inhabited vehicles and vessels, regardless of whether inhabitant is there (camper van on drive in November won't be)
R v Walkington
Consent to entry gained by fraud is not “true consent”
R v Boyle
Trespass if you have permission for lawful reason but enter for unlawful reason
R v Jones and Smith

Must know or be reckless to exceeding permission and intend to at time of entry
MR of Trespass
R v Collins

(knows or is reckless that he is a trespasser)
– Must have this MR at time of entry for 9(1)(a)
Conditional intent to steal is sufficient intent
A-Gs ref no 2 of 1979