Rahul Jethwa

Robbery and Burglary Revision notes

Principles of Criminal law

Robbery

 Statutory offence found under S.8 of the Theft Act 1968.

Section 8 TA 1986 defines robbery as

‘ A person is guilty of Robbery if he steals, 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 person in fear of
being then and there subjected to force’

 Robbery is a form of an aggravated theft and therefore all elements of theft must be proved
for robbery to be satisfied. If one element of theft is missing, there is no robbery. R v
Robinson (1977)

 The robbery is complete when the theft is complete. (Where dishonesty and appropriation
is complete) – Corcoran v Anderton (1980) (Tugging bag)

ELEMENTS = THEFT + FORCE OR THEAT OF FORCE + IMMEDIATELY BEFORE OR AT THE

USE OR THREAT OF FORCE

 Force is not defined in the theft act. The CA in Dawson v James (1977) held force is an
ordinary word and must be left to the jury.
 Some force or threat of force is required. – The amount of force is left to the jury to decide.
Mere touching is not sufficient.
 Dawson v James - Held small amount of force is sufficient for a conviction of robbery.
 If force is not applied, it is sufficient if force is threatened. (States in S.8)
 The defendant does not have to use force to commit robbery, it is sufficient enough for the
defendant to seek or put any person in fear of force.
 It is sufficient if the defendant uses force against a third party (who is not the victim of the
theft)
 Force or threat of force must be directed towards a person and not property - R v Clouden
(1987)
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 The threat must be then and there subjected to force not in the future.

Immediately before or at the time of stealing

 Force must be used or threatened immediately before or at the time of stealing. If used after
the time of stealing may be guilty of another offence.
 In Hale (1979) the court of appeal held that the jury should decide when the theft
(appropriation) has finished when the force was used. Appropriation is a continuous act.

In order to steal

 The force must be used or threatened in order to carry out theft, therefore the purpose of the
force is theft.
 This is the mens rea element.
 There is no robbery if the force is used for a different purpose.

Assault with intent to rob

 The offence of assault with intent to rob is found under S.8 (2) TA 1968. Carries a life
imprisonment sentence.
 A defendant will be guilty of this offence if he commits an assault on a person while intending
to steal.
 No need foe the theft to be completed, the defendant will be guilty if he assaults with intent to
steal even if the defendant does not actually steal.
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Burglary

 Statutory offence found under S.9 (1) A and S.9 (1) B of the Theft Act 1968.
 It is an either way offence which carries a maximum sentence of 10 years. 14 years maximum
sentence in the case of Burglary of a dwelling.
 The maximum sentence for aggravated burglary is life imprisonment - section 10(2).
 Burglary is made up of two offences.
 Both s.9 (1)(a) and s.9(1)(b) are separate offences.
 It must be reasonably stated that s.9(1)(b) will follow on from s.9(1)(a)
 However, note that the two offences are separate and on indictment for one there can be no
conviction of the other: Hollis [1971].

Section 9(1) a

A person is guilty of robbery if

a) He enters any building or part of a building as a trespasser and with intent to commit any
such offences as mentioned in section 2 below (Theft, GBH and Criminal damage).

Actus Reus – Entry of a building or part of a building as a trespasser.

Mens Rea – Intention to enter, intentional or reckless trespasser and intention to do theft, GBH
or Criminal damage.

Section 9 (1) b

b) Having entered any building or part of a building as a trespasser he steals or attempts to steal
anything in the building or part of it or inflicts or attempts to inflict on any person therein any
grievous bodily harm. (theft or attempts theft, GBH or attempts GBH)

Actus Reus – having entered of a building or part of a building as a trespasser + AR of ulterior

Mens Rea – intention to enter, and intentional and reckless trespass + MR of ulterior offences.

ENRTY

 Under both s.9(1)(a) and (b), the defendant must have entered a building or part of a building.
Much controversy has surrounded the issue of entry.
 The Theft Act 1968 does not define “entry”. The definition of this element has been left to the
common law.
 AR – Physical act of entry and MR – intention to enter.
 R v Davis – smallest amount of the body in a building is sufficient for entry.
 Defendants entry must be effective and substantial ( R v Collins 1973)
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 R v Brown (1985) – court decided it was down to the jury to decide whether the entry was
effective.
 R v Ryan (1996) – CA held the word substantial does not add anything and that the entry
only has to be effective. The CA did not define effective.

Building or part of a building

 Definition of ‘building’? There is none, but it appears that it must be a fairly permanent
structure.

 B and S v Leathley (1979) – Held a fridge freezer container which was 25 feet long, 7 feet
high and 7 feet deep and weighs 3 tons was a building.

 Inhabited vehicles or vessels - section 9(3).

 ‘Part of a building’ - Permission is a relevant issue - Walkington [1979]. (Debenhams case)

 Person who enters building lawfully but enters another part of the building with intent of
ulterior offences will be guilty of burglary under s.91a.

As a trespasser

 Trespass is a civil law concept defined in the law of tort as the intentional, reckless, or
negligent entry into a building which is in possession of another, where that person does not
consent to entry,

 Mens rea – must prove that the defendant knew he was trespassing or reckless as to whether
he was trespassing or not. Cunningham recklessness applies here.

 Enters building and excesses the permission granted to him – he enters as a trespasser.
Jones and Smith (1976) (stole fathers TV)

Mens rea

 91a requires D to have intention of one of the ulterior offences, intent to steal, to inflict GBH
and do unlawful damage. Or also intent to commit one of the two offences under s.91b.

 Defendant must also have the intention to entry,

 Conditional intention to steal only if there is something worth stealing is no defence to the
charge of burglary – AG reference (NOs 1 and 2 of 1979) (1980)

Aggravated burglary is found under S.10 of the Theft Act 1968.