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Lecture notes

Burglary and Robbery lecture notes (LW4000)

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Lecture notes for Burglary and Robbery

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Robbery
theft with the use or threat
of force
-




5. 8
'
theft Aot 1968

A person immediately before or at the time of doing
is
guilty of robbery if he steals , and

so , and in order to do so , he uses
force on any person or puts or seeks to put
fear of being then and there !
any person in subjected to
force


Elements ;
theft
threat or use
of force
Immediately before or at the time
of stealing
In order to steal


'
steals
'




L D must '
therefore appropriate property
'



Corcoran v Anderton 1980
'
the
forcible tugging of the handbag of itself could be sufficient exercise of - . .




Control by D so as to amount to an assumption by him
of the rights
.
to the

an appropriation
of the property
: '
owner ,



Appropriation is any assumption of the rights of ownership
L not '
necessarily meaning taking
'




LD destroys V 's
property appropriation →


LDPP v 5.3 2002
L
Punched V. as well so its
robbery
Mens rea

same as
theft
-




L Rv Robinson 1977
dishonesty
-




L can't have without
theft
1 Intent to robbery
permanently deprive
① R v Mitchell 2008 o R v Vinall 2011 0 R v Zerei 2012

, '

Uses force '




R v Dawson t James 1977
'
The word force It is a word in ordinary use It is a word which juries
' '
.
.




understand They were there to use their common sense and knowledge
.




of
the word
'




-

Followed V , who was drunk , out
of a public house

D took it the victim
in turns to nudge swaying motion
- -




-

Another person -
wasn't prosecuted -
stole V 's wallet

Convicted
of robbery Appeal failed
-


,


L ' '
over force being used .




Is this robbery?
R v Gouden 1987
0
D approached V from behind, wrenched her bag from her hand and ran
off with it
L convicted
of robbery Appealed that it theft upheld guilty verdict
-
-
was .




L'use
force on any person
' -



transferred force .




Pickpocketing
if the pickpocket is
skillful enough to take the property without V
feeling it so theres no
force
-
-




then it is
theft
the Victim the pickpocket then it
If feels is
robbery
-




L there
is
force

' '
on
any person
-

the force can be used or threatened on a
person who is not having the property
stolen
off
Reed 2012 , 76 Criminal law journal 282 :
' ' "
order to steal
It can be used on
any person provided that it is used in

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Uploaded on
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Number of pages
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Written in
2021/2022
Type
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Professor(s)
Tony storey
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