Robbery and Burglary

• What statute contains burglary?

  • Section 9 of the Theft Act 1968
• What is the actus reus and mens rea for burglary?

  • AR: Entry as a trespasser into a building or a part of building
  • MR: Intention or recklessness as to trespass
• Actus reus for burglary

  • Entry - Requires substantial and effective entry, any part of the body can make entry - Ryan [1996] D had his top half stuck in a window
  • As a trespasser - A person isn't a trespasser if they're unaware or without acting recklessly
  • Into a building - Stevens v Gourley [1859] defined it as ‘...a structure of considerable size and intended to be permanent or at least to endure for a considerable time’
• Mens rea for burglary

  • Intention
  • Section 9(1)(a):Entered with intent to commit one of the following offences: stealing, inflicting GBH or unlawful damage to the building or anything therein
  • Section 9(1)(b): Entered and committed or attempted to commit one of the following offences: stealing, inflicting GBH
• What are the underlying offences for burglary

  • Theft
  • Criminal Damage
  • Inflict GBH
• What statute is robbery under?

  Section 8 of the Theft Act 1968
• What are the elements of robbery?

  • Appropriation
  • Property
  • Belonging to another
  • Intention to permanently deprive
• What is the actus reus for robbery?

  • The defendant steals and immediately before or at the time of doing so, and in order to do so, uses force on the victim or puts the victim in fear of being subjected to force
• What aspects are also needed for the actus reus of robbery?

  • If a theft takes place after force/assault is a question of fact for the jury to determine whether the force was used ‘in order to steal’ - R v Harris [1998] - D wasn't convicted of robbery as the V was incapacitated by others
  • Apprehension of force is adequate
  • Victim doesn't need to be the property owner - Smith v Desmond [1965] - Robbed a night watchman and a maintenance worker at a bakery