Criminal law – robbery, burglary, and blackmail notes
General notes
- all of these offences link to dishonesty and are contained within the Theft Act 1968
- Robbery is essentially aggravated theft.
- ^ requirements of theft – 1) appropriation 2) of property 3) belonging to another 4)
dishonesty 5) intention to permanently deprive another.
Robbery – life imprisonment
Actus reus – to commit theft with the use of force/threat of force.
Mens rea – intent to commit theft and evoke fear of force.
- Can be found under S8 of the Theft Act - 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 person in fear of being then and there subjected to
force (AR) in order to steal (MR).
- Robbery is an aggravated form of theft – see s.8 (1)
- In order to prove D committed robbery the prosecution must first prove theft – see R v
Robinson [1977] Crim LR 173.
- A robbery is complete when the theft is complete.
- It is complete once the appropriation has been done.
Robbery can be committed by:
1) using force - see R v Dawson and James (1977) 64 Cr App R 170 and compare with RP v
DPP [2012] EWHC 1657.
2) putting someone in fear of the use of force.
3) seeking to put someone in fear of the use of force.
• The force need not be against the victim, it can be against a third person – but it
cannot be against property, see R v Clouden [1987] Crim LR 56, although it can be
against the person via the property.
• Even menacing gestures or the use of a weapon can be regarded as force.
• The idea of what constitutes force has been left to the jury to decide, making it clear
that a small amount of force may be sufficient.
• It does not need to be shown that the victim was frightened by the force – B and R v
DPP [2007] EWHC 739 – victim was startled not frightened.
In order to steal:
- He/she must be aware that they are using force – accidental use of force cannot be the basis
of a robbery as part of the mens rea is the use of force to enable the robbery.
- All that is needed to satisfy this requirement is appropriation - D does not have to succeed in
taking the property away – see Corcoran v Anderton (1980) 71 Cr App R 104. it was still
theft because by tugging the property they had appropriated her rights.
- A temporary appropriation will amount to theft - R v Forrester [1992] Crim LR 793
, - The force must occur before or at the time of the appropriation – the use of force to escape
will not suffice – could be separate offences of assault and theft.
^it would not be a robbery if the defendant assaulted the victim and then noticed his watch
and stole it.
Immediately before or at the time of stealing
- The force or threat of force must be before or at the time of the robbery and not simply in
order to get away – see R v Hale (1979) 68 Cr App R 415.
- Note that appropriation is a continuing act as was in the above case.
- The question of when the theft ends is a matter for the jury -see R v Hale (1979) 68 Cr App R
415 – the jury were at liberty to find that the appellant had used the force during the
continuing act and that the force was sufficient.
Defences
- A conviction for robbery is impossible to without the mens rea for theft – therefore it would
be a defence to argue lack of dishonesty for the reasons set out in s2.1 of the Theft Act 1968
such as a claim of right – Robinson [1977] Crim LR 173.
Burglary
Actus reus – entering a building or part of a building as a trespassed and attempting/intending to
commit GBH, criminal damage or theft.
Mens rea – intent to commit GBH, criminal damage, or theft – and to trespass in full knowledge or
recklessness.
- This offence heavily relies on the issue of trespassing and entry before the offence is
committed – the offence can be theft, GBH, or criminal damage.
- Found under s9 and s10 of the Theft Act
- It is on offence against property but also seeks to protect the well-being of the individual.
Section 9
There are two offences of burglary – see s.9(1)(a) and s.9((1) (b) Theft Act 1968.
1. S.9 (1) (a) – the offence is committed by entering a building or part of a building as a
trespasser with intent to commit one of three offences (theft, GBH, criminal damage).
2. S.9 (1) (b) – the offence is committed when having entered the building the defendant
commits either theft or GBH (criminal damage is excluded). – must have entered as a
trespasser.
General notes
- all of these offences link to dishonesty and are contained within the Theft Act 1968
- Robbery is essentially aggravated theft.
- ^ requirements of theft – 1) appropriation 2) of property 3) belonging to another 4)
dishonesty 5) intention to permanently deprive another.
Robbery – life imprisonment
Actus reus – to commit theft with the use of force/threat of force.
Mens rea – intent to commit theft and evoke fear of force.
- Can be found under S8 of the Theft Act - 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 person in fear of being then and there subjected to
force (AR) in order to steal (MR).
- Robbery is an aggravated form of theft – see s.8 (1)
- In order to prove D committed robbery the prosecution must first prove theft – see R v
Robinson [1977] Crim LR 173.
- A robbery is complete when the theft is complete.
- It is complete once the appropriation has been done.
Robbery can be committed by:
1) using force - see R v Dawson and James (1977) 64 Cr App R 170 and compare with RP v
DPP [2012] EWHC 1657.
2) putting someone in fear of the use of force.
3) seeking to put someone in fear of the use of force.
• The force need not be against the victim, it can be against a third person – but it
cannot be against property, see R v Clouden [1987] Crim LR 56, although it can be
against the person via the property.
• Even menacing gestures or the use of a weapon can be regarded as force.
• The idea of what constitutes force has been left to the jury to decide, making it clear
that a small amount of force may be sufficient.
• It does not need to be shown that the victim was frightened by the force – B and R v
DPP [2007] EWHC 739 – victim was startled not frightened.
In order to steal:
- He/she must be aware that they are using force – accidental use of force cannot be the basis
of a robbery as part of the mens rea is the use of force to enable the robbery.
- All that is needed to satisfy this requirement is appropriation - D does not have to succeed in
taking the property away – see Corcoran v Anderton (1980) 71 Cr App R 104. it was still
theft because by tugging the property they had appropriated her rights.
- A temporary appropriation will amount to theft - R v Forrester [1992] Crim LR 793
, - The force must occur before or at the time of the appropriation – the use of force to escape
will not suffice – could be separate offences of assault and theft.
^it would not be a robbery if the defendant assaulted the victim and then noticed his watch
and stole it.
Immediately before or at the time of stealing
- The force or threat of force must be before or at the time of the robbery and not simply in
order to get away – see R v Hale (1979) 68 Cr App R 415.
- Note that appropriation is a continuing act as was in the above case.
- The question of when the theft ends is a matter for the jury -see R v Hale (1979) 68 Cr App R
415 – the jury were at liberty to find that the appellant had used the force during the
continuing act and that the force was sufficient.
Defences
- A conviction for robbery is impossible to without the mens rea for theft – therefore it would
be a defence to argue lack of dishonesty for the reasons set out in s2.1 of the Theft Act 1968
such as a claim of right – Robinson [1977] Crim LR 173.
Burglary
Actus reus – entering a building or part of a building as a trespassed and attempting/intending to
commit GBH, criminal damage or theft.
Mens rea – intent to commit GBH, criminal damage, or theft – and to trespass in full knowledge or
recklessness.
- This offence heavily relies on the issue of trespassing and entry before the offence is
committed – the offence can be theft, GBH, or criminal damage.
- Found under s9 and s10 of the Theft Act
- It is on offence against property but also seeks to protect the well-being of the individual.
Section 9
There are two offences of burglary – see s.9(1)(a) and s.9((1) (b) Theft Act 1968.
1. S.9 (1) (a) – the offence is committed by entering a building or part of a building as a
trespasser with intent to commit one of three offences (theft, GBH, criminal damage).
2. S.9 (1) (b) – the offence is committed when having entered the building the defendant
commits either theft or GBH (criminal damage is excluded). – must have entered as a
trespasser.
