Mrs Howe

Robbery and Burglary

A2 Criminal Law

Mrs Howe

Robbery

• Ghazala holds a knife to the throat of a ten year old boy and orders the Childs mother to hand over her bag or she will slit his throat. The mother hand over the purse.

• Is this Robbery?

• What makes it different to Theft?

Mrs Howe

Robbery

• S8 of the Theft Act 1968• Write out the definition of Robbery (pg 143)• Theft aggravated by the use of force or threat• Force must be:-

– immediately before or at the time of the theft– in order to steel

• Actus Reus and Mens Rea same for Theft• With force and intention to use force

Mrs Howe

For a Robbery

• Completed Theft- Robinson1977, Corcoran V Anderton 1980

• Force or threat of Force- Dawson and James 1976

• On any person- customers in bank

• Force Immediately before at time of Theft. No precedent for time frame. Hale 1979

• For Jury to decide on force Clouden 1987, Dawson and James 1976

Mrs Howe

Summary

• To be found guilty of Robbery a person must dishonestly appropriate property belonging to another with the intention to permanently depriving the other of it using force either at the time of theft or immediately before.

Mrs Howe

Activity

• Complete the activity on pg 145 and 146 of the Jackie Martin Book

Mrs Howe

Task

• What are the main points of law in each of the following cases:-– Hale– Robinson– Corcoran V Anderton 1980– Dawson and James 1976– Clouden– Lockley

• Create a table of cases to explain the key facts/law of robbery.

Mrs Howe

Hale 1976

The 2 D knocked on door of a house. When the woman opened the door they forced their way into the house. One D put

Mrs Howe

Robinson 1977

• D ran a clothing club and was owed £7 by V’s wife. D approached V and threatened him. During a struggle the man dropped a £5 note and D took it, claiming he was still owed £2. D’s conviction for Robbery quashed because the trial judge had wrongly directed the jury that D had honestly to believe he was entitled to get the money that way. In fact if D had a genuine belief that he had a right in law to the money, then his actions were not dishonest under S2(1)(a) TA1968

Mrs Howe

Corcoran V Anderton 1980

• One of the D hit a woman in the back and tugged at her bag. She let go of the bag and it fell to the ground. The D’s ran of without the bag because the woman was screaming and attracting attention. It was held the Theft was complete, so D guilty of Robbery

Mrs Howe

Dawson and James 1976

• One of the D pushed the V causing him to lose his balance which enabled the other D to take his wallet. They were convicted of robbery. C of A held that force was an ordinary word and it was for the jury to decide if there had been force

Mrs Howe

Clouden 1987

• D wrenched a shopping basket from the victims hand. C of A held this was robbery. i.e. Taking property belonging to another using force. Confirmed Judge was right to let the jury decide if D had used force on a person.

• Question over level of force. If bag held and pulled from hand this is force. Getting bag to slide form shoulder not force.

Mrs Howe

Lockley 1995

• D caught shoplifting cans of beer from on off licence. He used force on the shop keeper who tried to stop him from escaping. Lockley appealed on the basis that the theft was complete when he used the force. C of A followed decision in Hale the force was part of the theft as it was still on going (not complete before he left) i.e. escaping with the property was part of the theft.

Mrs Howe

What offence(s) have been committed?

• Israr and Aqib see Mauzma and Nusahat talking in a shopping mall. They both approach the girls and join in the conversation. Aqib nudges Nushat causing her bag to slide off her shoulder to the floor. Aqib picks up the bag, puts it up his jumper and walks away with Israr. Further down the mall, Israr notices a lady with a large Burberry bag hanging loosely on her arm. He runs up to her, grabs the bag off her arm, she grabs hold of it and a tug of war occurs. Israr gives a final tug, she releases the bag and he runs of with it.

Mrs Howe

Definition

• Write down the definition of Burglary

• S9.1 (a) and (b) Pg 147.

S9.1.(a)Enter any building or part of a building with intent to steal, inflict GBH or do unlawful damage to the building or anything in it.

S9.1(b) if having entered a building or part of a building as a trespasser, he steals or attempts to steal anything in the building or inflicts or attempts to inflict GBH on any person in the building.

Mrs Howe

Burglary

• An offence under S9 of Theft Act 1968• Burglary can be committed in two ways • Common elements:

– entry – building or part of– As trespasser

• Difference is intention at time of entry– For 9.1(a) must intend to do one of the four ulterior

offences– For 9.1(b) what D intended is irrelevant, but must

proof he did or attempted to commit theft, GBH

Mrs Howe

Entry

• Not defined in Theft Act 1968• But is by Case law• In Collins-Jury had to be satisfied that D had made

an effective and substantial entry.• In Brown 1985 modified to say effective entry was

enough. Enough body in building to commit crime• In Ryan Brown not followed and it was held entry

to a building was enough. Head and right arm.

Mrs Howe

Building or Part of a Building

• No formal definition of building in Theft Act 1968

• Read B & S V Leathley 1979, and Norfolk Constabulary V Seekings and Gould1986 and Walkington 1979 Pg 148

• What is meant by the word building?

• What is the main problem for the courts?

• Is a caravan with wheels a building?

Mrs Howe

Trespasser

• Must not have permission to be in building. Must be a trespasser- Collins 1972

• Prosecution must be show D knew he was trespassing or that he was subjectively reckless as to whether he was trespassing.

• If a person goes beyond permission given to be in a building, then they are a trespasser, Smith and Jones 1976 , Barker V R

• Tickets- licence to enter, permission for purpose of ticket. E.g. concert, museum, not take things.

• Shop lifters often banned from shops. If enter they are trespassers- no permission

Mrs Howe

Mens Rea

• Required for – Entering as a trespasser– Ulterior offence

• For S9.1(a) and (b) D must know or be subjectively reckless as to whether trespassing.

• In addition for S9.1(a) must have intention to commit one of the three offences at the time of entry.

• Conditional intent- where D enters looking form something to steal. G even where nothing worth taking

• For S9.1(b) need Mens Rea for GBH, Theft• For attempt need Actus Reus for one of these offences.

Mrs Howe

Task

• What is the mens rea for theft?

• What is the mens rea for GBH

• What is the Actus Reus for attempting GBH or Theft

Mrs Howe

Burglary

• S9.1.(a)Enter building or part of with intent to steal, inflict GBH or do unlawful damage to the building or anything in it.

• S9.1(b) if having entered a building or part of a building as a trespasser, he steals or attempts to steal anything in the building or inflicts or attempts to inflict GBH on any person in the building.

Mrs Howe

• Salma owes a lot of money. She goes into a local building society and waits for a customer to make a large cash withdrawal. Mauzma comes into the building society and draws out £1000. Salma watches Mauzma put the money into her purse which she then places into her bag. Whilst Mauzma is distracted by someone dropping some coins on the floor Salma reaches into Mauzma’s bag and put her hands on the purse. Mauzma realizes what is happening and shouts out. Salma then snatches the bag and its entire contents from Mauzma’s grasp, tearing the bag as she does so, and starts to run out of the Building Society. Qaid, a customer, tries to block her way so Salma drops the bag and its contents. Salma pushes Qaid to the floor, causing him a broken arm. Salma runs outside, stops a passing taxi and jumps out five minutes later without paying when the taxi stops at a set of traffic lights. Discuss Salma’s criminal liability. [50]

Mrs Howe

Exam Question

• Critically consider how the courts have applied the meaning of the term dishonesty in theft and related offences. 50 marks

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• Vinetta works as a cleaner for Faika a rich widow who lives in a country mansion. She learns that Faika is going to be away on holiday for fortnight during which time she will be given a key to clean the house. Vinetta decides to use the opportunity to steal some jewellery which Vinetta knows is usually kept by Faika in a locked cabinet in her bedroom.

• Faika goes on her holiday but unknown to Vinetta she has already placed her jewellery in a bank safe deposit until she returns.

• Vinetta arrives at the house and uses Faika’s key to enter. Vinetta goes upstairs and forces open the lock to the bedroom cabinet but is frustrated to find that it is empty. She goes back downstairs and decides to take some silver plates and cutlery and leave. In her frustration at failing to discover the jewellery, Vinetta picks up a bottle of tomato sauce and squirts a rude word across the expensive lounge wall paper.

• What could Vinetta be liable for?

Mrs Howe

Task

• Create a table of the main cases for Burglary and the point of law they make.