#19112 - 6 Robbery & Burglary - Criminal Law

6. The Criminal Law: Burglary and Robbery

• 9(1)(a) = BURGLARY WITH INTENT

• 9(1)(b) = JUST BURGLARY

ROBBERY: theft with force or the threat of force (max life; indictable only)

s 8(1) Theft Act 1968

1. defendant committed a theft

• Satisfy AR & MR of theft

• The MR of theft must be at the time the force of threat of force occurred

• where theft not satisfied, D may be guilty of a type of assault for use/threat of force

2. defendant either:

1. Used force on any person

2. Put or sought to put any person in fear of being immediately subjected to force

• Whether at amounts to force is for jury to decide (Dawson)

• force doesn’t need to be significant e.g. jostling counts (Dawson)

• where only slight touching, won’t satisfy robbery e.g. snatching cigarette without touching victim at all

• force applied to a victim’s property is included e.g. grabbing bag (Clouden)

• the use or threat of force can be against ‘any person’ even if they aren’t the owner of the property

• for threats of force, the intended victim must be aware of the threat

• doesn’t matter if the person doesn’t feel fear from the threat of force

3. The force or threat of force was immediately before or at the time of the theft

• was the appropriation still continuing at the time force was used? (Hale)

4. The force or threat of force was used in order to steal (MR)

• i.e. where defendant assaults victim because they didn’t like them, then after seeing the opportunity, steals their property, there is no robbery

MR elements:

• MR of theft

• The force or threat was used in order to steal

BURGLARY: 9(1)(a) Burglary with intent or 9(1)(b) Burglary (either-way offence; maximum 14 yrs. on domestic premises; max 10 yrs on commercial premises )

*Burglary is a dishonesty offence

• 9(1)(a) D enters any building or part of a building as a trespasser with intent to commit (9(2)) offence:

• theft

• inflicting GBH (on any person in it)

• criminal damage (to the building or anything in it)

• 9(1)(b) having entered a building or part of a building as a trespasser, D steals or attempts to steal, or inflicts or attempts to inflict GBH on any person in it

9(1)(a) BURGLARY WITH INTENT

• AR: enter a building or part of a building as a trespasser

• MR: know or reckless that you are a trespasser; intent to steal, cause criminal damage, or inflict GBH at the time of entry

1. Enter

• Question for jury

• Must be effective entry [for purpose of burglary] including entry of part of body

• Entry of part of D’s body can be effective, even if D is unable to commit a crime (but only finger tips entering will not suffice)

• inserting an instrument into a building may be an entry if instrument was used to commit an offence, but not if only used to help D get into the property

• child who enters the building for the defendant may be entry (D = principal offender)

2. A building (or part of a building)

• s 9(4) partial guidance: buildings include a dwelling, or an inhabited vehicle or vessel even when the person is not in

• vehicle or vessel (e.g. caravan): must be someone’s permanent home or they were living in it at the time of the offence i.e. being used as a home at the time of the offence (but they don’t have to be in at the time)

• case law: building must have some degree of permanence e.g. tent, or marquee wouldn’t be a building because, but factory, shop, office, sheds, garage, greenhouse would be whether or not someone is living in or occupying them

• for intent to steal or inflict GBH, D must have entered with intent to do so in that building or that part of the building (i.e. if they come out of that part of the building to steal/inflict GBH = not guilty)

• for intent to commit criminal damage, they can enter with intent to damage in any part of the building

• enter another part of building e.g. enter another section, room, department, area

• even if they didn’t have intent on original entry, if they had intent when entering that part of the building = guilty

• areas demarcated to exclude them from permission to enter = separate part of building which there was no permission to enter which D likely knew

3. Trespasser: no express or implied permission to enter

   • where permission to enter is obtained fraudulently / deceptively this is not valid permission (e.g. lie to get permission to enter)

   • D may be trespasser where they had permission to enter but they enter with an intention of exceeding the terms of their permission (Jones and Smith)

   • D may be can trespasser where they had permission to enter for lawful purposes but entered for unlawful purposes (Collins)

• the cases only apply if intent to exceed permission was at time of entry (if only formed once inside = not trespasser)

• At the time of entry, D must know of be reckless to the fact they are trespassing

• Recklessness: D foresaw risk that they might not have permission, but entered anyway without justification

• If parent excludes permission for someone to enter but their child lets them in anyway and they know they are not allowed, the person is reckless as to being a trespasser

4. AT THE TIME OF ENTRY, intent to commit an ulterior offences: intent to steal, inflict GBH, or cause criminal damage

• Intent must have been present at the time the defendant entered (building or part)

• Conditional intent is sufficient (e.g. I will damage artefacts if building has any)

• For criminal damage: INTENDING TO CAUSE DAMAGE MERELY TO GAIN ENTRY IS NOT SUFFICIENT – MUST INTEND TO CAUSE DAMAGE BEYOND THIS

9(1)(b) BURGLARY

• AR: enter a building or part of a building as a trespasser; commit AR of theft or attempted theft, or GBH or attempted GBH

• MR: know or reckless that you are a trespasser; MR for theft, attempted theft, GBH, or attempted GBH

• GBH is s 20 or 18

1. Enter: same as 9(1)(a)

2. A building (or part of a building): same as 9(1)(a)

3. Trespasser: same a 9(1)(a)

4. Commit an ulterior offence: theft or inflict GBH, or attempt to steal or inflict GBH on anything/anyone in it

• AR & MR of ulterior offence must be proved

• Intent to commit the ulterior offence doesn’t have to be there on entry (can be formed inside)

AGGRAVATED BURGLARY: armed burglary - s 10 Theft Act 1986 (indictable only; max life)

1. Commit a burglary: 9(1)(a) or 9(1)(b)

2. At the time of the burglary they have a firearm or imitation firearm, any weapon of offence, or any explosive

• must have had the weapon at the time of the burglary:

• For 9(1)(a) burglary = time of entry

• For s 9(1)(b) burglary = time when ulterior...