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25 Cards in this Set
- Front
- Back
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Sentence for Robbery and source |
Indictable only offence with maximum of life imprisonment, s8(2) of Theft Act 1968 |
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Definition of robbery |
s8(1) of Theft Act 1968 - where defendant steals and, immediately before or at the time of doing so, and in order to do so, uses force on any person or seeks to put person in fear of being subject to force |
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Elements of robbery |
Commits theft Either used force on any person or sought to put any person in fear of force Force/threat was immediately before or at time of theft Force/threat used in order to steal |
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If no intention permanently to deprive, no robbery |
R v Vinali |
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Force is ordinary word to be defined by jurors AND jostling can be included |
R v Dawson |
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Force against persons property is sufficient for force |
R v Clouden |
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Slight touching is unlikely to qualify as sufficient for force |
P v DPP |
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Where threat of force to another party... |
Intended victim must be aware of force |
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Whether appropriation continuing at time of force is matter for the jury (necessary) |
R v Hale |
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Mens rea of robbery |
Force must be used in order to steal Theft: dishonesty AND intention permanently to deprive Normal assault elements - intention or recklessness as to assault -Unclear on intention to use force or putting someone in fear - Professor J C Smith in The Law of Theft: recklessness will suffice |
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Sentence for burglary |
Either way offence with maximum of 14 years for domestic, 10 years for commercial |
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Elements of different burglary offences |
s9(1)(a) -Entry -Of a building or part of a building -As a trespasser -With intention to steal, commit gbh or criminal damage INSIDE s9(1)(b) -Having entered -A building or part of a building -As a trespasser -Attempts to commit theft or gbh on any person inside |
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Entry must be effective for a burglary |
R v Brown |
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Entry of some part of defendant's body can be effective entry |
R v Ryan |
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Insertion of instrument into building to commit offence is itself entry but... |
Insertion of instrument used to gain entry is not effective entry per old law AND, according to Professor Griew in The Theft Acts 1968 and 1978, current law |
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Insertion of instrument into building to commit offence is itself entry but... |
Insertion of instrument used to gain entry is not effective entry per old law AND, according to Professor Griew in The Theft Acts 1968 and 1978, current law |
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Elements of trespass for burglary |
-Defendant entered without consent or permission AND -Knew or was reckless as to having no consent or permission |
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Fraudulently obtained permission not sufficient to establish trespass UNDER OLD LAW |
J C Smith in The Law of Theft AND R v Boyle |
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If reckless to exceeding permission given for entry, will be trespasser |
R v Jones and Smith - entered father's home to steal |
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In order to trespass while having some permission, must enter with unauthorised purpose |
R v Collins |
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At time of entry, defendant must know or be reckless as to trespassing |
R v Collins |
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For s9(1)(b), should have mens rea for trespassing at entry |
A little unclear but Lord Edmund Davies in R v Collins |
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Extra things included in definition of building |
s9(4) of Theft Act 1968 - vessel or vehicle where inhabited (including when inhabitants not present) |
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Cordoned off bit can be part of building - factors |
Till in R v Walkington, Geoffrey-Lane LJ - factors: -Management impliedly prohibiting customers entering -Particular defendant knowing of prohibition |
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Conditional intent is sufficient for s9(1)(a) |
Attorney General's Reference (Nos 1 and 2 of 1979) |
