Robbery & Burglary

Front 1

what section of the Theft Act 1968 is Robbery

Back 1

s8(1)

Front 2

what is robbery defined as

Back 2

if D steals and immediately before or at the time of doing so and in order to do so uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force

Front 3

in simple terms what is robbery

Back 3

theft + force or threat of force = robbery

Front 4

what case identifies the AR of theft

Back 4

Forrester

Front 5

what is the AR of robbery

Back 5

ar for theft: appropriation of property belonging to another + use or threatened use of force

Front 6

wgat is mr for robbery

Back 6

mr for theft: dishonest & intention to permanently deprive

Front 7

what case says for robbery deprivation doesnt need to be permanent

Back 7

Corcoran v Anderton

Front 8

what case says for robbery the force must be used in order to steal

Back 8

R v James

Front 9

what case says mere nudging is sufficient force for robbery

Back 9

R v Dawson v James

Front 10

what case said the snatching of a cigarette isnt enough force for robbery

Back 10

P v DPP

Front 11

what case said appropriation is a continuing act so if the force comes after the taking of property, thats still sufficient for robbery

Back 11

R v Hale

Front 12

what case says V must fear that the force will be used there and then

Back 12

R v Khan

Front 13

does burglary need full theft or full of any other offence

Back 13

no

Front 14

what is burgalry defined as

Back 14

entering a building as a trespasser with intent to steal anything in the building, inflicting gbh and doing unlawful damage to building or anything within it

Front 15

what does s1(b) of burglary need

Back 15

an attempt to steal / inflict gbh or the full offence of stealing / inflicting gbh

Front 16

what case says conditional intent to steal is irrelevant, burglary is committed when D enters the building - irrelevant if he leaves with nothing

Back 16

R v Walkington

Front 17

does D need to have intended to attempt to steal or inflict gbh when he entered the building

Back 17

no, as long as its committed or attempted to be committed while he’s inside

Front 18

what case says that to satisfy the trespassing element at least some but not all of the body has to enter the premises

Back 18

R v Brown

Front 19

what case says that trespassing into containers/caravans/houseboats come under the definition for trespassing for burglary

Back 19

B and S v Leathly

Front 20

whats the AR for burglary

Back 20

entering a building as a trespasser and attempting to steal/inflicting gbh

Front 21

define trespass

Back 21

entering without a right by law or permission express or implied

Front 22

can vehicles be trespassed for burglary

Back 22

no unless its designed to be lived in

Front 23

what case says that you can have permission to access some parts of a building but not all. When you enter a zone of which youre not allowed then you become a trespasser

Back 23

Walkington

Front 24

what case says that sometimes consent can be given by mistake and the q is whether d genuinely believed he was not trespassing upon entering the building

Back 24

R v Collins

Front 25

Does d need to be aware they are trespassing

Back 25

yes

Front 26

what does burglary a require

Back 26

intention to steal or inflict gbh or cause criminal damage to be present upon entering the building

Front 27

what does Burglary B require

Back 27

intention to steal or inflict gbh or both will still count even if D forms the MR to do this after entering the building

Front 28

whats enough for burglary: intention or recklessness

Back 28

if you cant show intention you need to show recklessness

Front 29

whats the add on offence to theft

Back 29

robbery

Front 30

whats the add on offence to burglary

Back 30

aggravated burglary

Front 31

what does aggravated burglary require that standard burglary doesn’t require

Back 31

carrying a firearm or imitation firearm, any weapon of offence or any explosive

Front 32

whats the rule on weapons for aggravated burglary A

Back 32

D brings the weapon with them while trespassing

Front 33

whats the requirement on weapons for aggravated burglary B

Back 33

enough if D picks up the weapon inside the building

Front 34

what does the weapon have to be like for aggravated burglary

Back 34

law is broad, anything thats being intended to be used as a weapon by D counts

Front 35

Can burglary turn into aggravated burglary later on

Back 35

ya if the mr of the item turns into a weapon later thats sufficient

Front 36

whats the key requirement for D for aggravated burglary

Back 36

that D was aware they have a weapon on them at the time of the burglary (subjective test)