Buglary- property offences

• Robbery


  A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any fear of being then and there subjected to force
• Robbery


  • It is an aggravated form of stealing (Theft)
  • Maximum sentence of life imprisonment
• Robbery


  1. Theft is complete

  2. Does not mean D has to take the property away

  3. Tugging or snatching the property whilst in the victim's grasp is sufficient

  4. Irrelevant that they left empty handed
• Force/threat of force


  The use or threat of force is the aggravating factor of the theft
• Force


  • A small amount of force is required, e.g. nudging to make it easier to steal
  • Force must be directed to a person, not property
• If the force occurs after the theft is complete there is no robbery
• Assault with intent to rob


  Assault on a person while intending to steal, no theft but V is assaulted with the attempt to steal
• Burglary


  D enters a building or part of a building as a trespasser with intent to commit either theft, inflict GBH, or to do unlawful damage
• Burglary s9(1)(b)


  Having entered a building or part of a building as a trespasser D either commits theft or GBH, or attempts to do either
• Burglary


  • Maximum sentence: 10 years imprisonment (14 years if dwelling)
• Burglary s9(1)(a)


  1. Intention to enter

  2. Intention or reckless trespass

  3. Intention to steal, do GBH or do unlawful damage

  4. Entry of a building or part of a building as a trespasser
• Burglary s9(1)(b)


  1. Intention to enter

  2. Intentional or reckless trespass

  3. MR of ulterior offence

  4. Having entered a building or part of a building as a trespasser

  5. AR of ulterior offence of Theft or inflicting GBH or attempted theft or attempted GBH
• Entry


  D must enter the building or part of the building (AR) and D must intend to enter the building or part of the building (MR)
• Entry


  • Insertion of any part of the body, however small, is sufficient
  • Entry must be "effective and substantial with knowledge or being reckless as to being a trespasser"
• Building or part of a building


  Only a partial definition under s.9(4) - "building shall apply also to an inhabited vehicle or vessel, and shall apply to any such vehicle or vessel at times when the person having a habitation in it is not there as well as at time when he is"
• Building or part of a building


  • "a structure of considerable size and intended to be permanent or at least to endure for a considerable time"
  • Freezer container 25ft long, 7 ft high, 7 ft deep, 3 tons not moved in 2 years was a building
  • Unhitched lorry trailers on wheels, used for temporary storage not of sufficient permanence to be a building
• D enters building lawfully, then enters another part of building with ulterior intent G under s9(1)(a)
• As a trespasser


  D must know that he is trespassing or be reckless as to whether he is trespassing (MR)
• Mens Rea - s.9(1)(a)


  Prosecution must prove that D intended to either Steal (Theft), Inflict GBH, or Do unlawful damage (Criminal Damage) at the time of entry to the building
• Mens Rea - s.9(1)(b)


  Prosecution must prove that D either Stole (committed theft), Attempted to commit theft, Inflicted GBH (s.20 OAPA 1861), or Attempted to inflict GBH
• Aggravated Burglary


  D commits any burglary and at the time has with him any firearm or imitation firearm, any weapon of offence, or any explosive
• Aggravated Burglary


  • Carries a maximum sentence of life imprisonment
  • Triable only on indictment
• Aggravated Burglary


  1. Prosecution must prove all the AR and MR of a burglary under s9(1)(a) or s9(1)(b)

  2. That D was in possession of the objects listed in s.10(1) (and that he knew this)

  3. That D had that with him at the time
• Mens Rea


  The intention or state of mind required for an offence
• Mens Rea - s.9(1)(b)


  1. Prosecution must prove that D either stole, attempted to commit theft, inflicted GBH, or attempted to inflict GBH

  2. This additional requirement is not simply an element of MR, but both the AR and MR elements of the ulterior offence must be proved

  3. Unlike s.9(1)(a) here the intention to commit an ulterior offence is NOT required on entry
• Aggravated Burglary


  • Carries a maximum sentence of life imprisonment
  • It is triable only on indictment
  • A person is guilty if they commit any burglary and at the time have with them any firearm or imitation firearm, any weapon of offence, or any explosive
• Aggravated Burglary


  1. Prosecution must prove all the AR and MR of a burglary under s9(1)(a) or s9(1)(b)

  2. That D was in possession of the objects listed in s.10(1) and that he knew this

  3. That D had that with him at the time of the burglary
• Firearm


  Includes an airgun or air pistol
• Imitation firearm


  Appearance of being a firearm, whether capable of being discharged or not
• Weapon of offence


  Article made or adapted for use for causing injury or incapacitating a person, or intended by the person having it with him for such use
• Explosive


  Any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person having it for that purpose
• The definition of each element of criminal damage needs to be understood
• Criminal Damage


  • Either way offence
  • Maximum sentence: 10 years imprisonment
  • S1(1) Criminal Damage Act 1971
• Actus Reus


  Destroying or damaging property belonging to another without lawful excuse
• Mens Rea


  Intention to destroy or damage such property, OR recklessness as to whether the property would be destroyed or damaged
• Destroys or damages


  • Gayford v Chouler [1898] 1 QB 316 - R walked on knee deep grass causing damage
  • Roe v Kingerlee [1986] Crim LR 330 - D smeared mud graffiti on walls of police cell
• Destroys or damages


  • Hardman v CC of Avon & Somersett [1986] Crim LR 330 - Criminal damage caused when Pavement painted in water soluble paint
  • Samuels v Stubbs (1972) 4 SASR 200 - Criminal damage when D stamped on PC's hat, even though pushed back
• Destroys or damages


  • A (a juvenile) v R [1978] Crim LR 689 - D spat on police officer's rain coat, conviction quashed
  • Fiak [2005] EWCA Crim 2381 - D flushed police blanket down lavatory, blanket cleaned and dried, cell had to be cleaned
• Destroys or damages


  • Lloyd v DPP [1992] RTR 215 - D damaged clamps which had been placed on their cars, parked illegally
  • Mitchell [2003] EWCA Crim 2188 - D damaged clamps which had been placed on their cars, parked illegally
• Property belonging to another


  • S.10(1) CDA 1971 "property" means property of a tangible nature, whether real or personal, including money
  • Simple criminal damage under s1(1) CDA 1971 only applies to property belonging to someone other than D