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36 Cards in this Set
- Front
- Back
what section of the Theft Act 1968 is Robbery |
s8(1) |
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what is robbery defined as |
if D steals and immediately before or at the time of doing so and in order to do so uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force |
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in simple terms what is robbery |
theft + force or threat of force = robbery |
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what case identifies the AR of theft |
Forrester |
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what is the AR of robbery |
ar for theft: appropriation of property belonging to another + use or threatened use of force |
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wgat is mr for robbery |
mr for theft: dishonest & intention to permanently deprive |
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what case says for robbery deprivation doesnt need to be permanent |
Corcoran v Anderton |
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what case says for robbery the force must be used in order to steal |
R v James |
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what case says mere nudging is sufficient force for robbery |
R v Dawson v James |
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what case said the snatching of a cigarette isnt enough force for robbery |
P v DPP |
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what case said appropriation is a continuing act so if the force comes after the taking of property, thats still sufficient for robbery |
R v Hale |
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what case says V must fear that the force will be used there and then |
R v Khan |
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does burglary need full theft or full of any other offence |
no |
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what is burgalry defined as |
entering a building as a trespasser with intent to steal anything in the building, inflicting gbh and doing unlawful damage to building or anything within it |
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what does s1(b) of burglary need |
an attempt to steal / inflict gbh or the full offence of stealing / inflicting gbh |
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what case says conditional intent to steal is irrelevant, burglary is committed when D enters the building - irrelevant if he leaves with nothing |
R v Walkington |
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does D need to have intended to attempt to steal or inflict gbh when he entered the building |
no, as long as its committed or attempted to be committed while he’s inside |
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what case says that to satisfy the trespassing element at least some but not all of the body has to enter the premises |
R v Brown |
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what case says that trespassing into containers/caravans/houseboats come under the definition for trespassing for burglary |
B and S v Leathly |
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whats the AR for burglary |
entering a building as a trespasser and attempting to steal/inflicting gbh |
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define trespass |
entering without a right by law or permission express or implied |
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can vehicles be trespassed for burglary |
no unless its designed to be lived in |
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what case says that you can have permission to access some parts of a building but not all. When you enter a zone of which youre not allowed then you become a trespasser |
Walkington |
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what case says that sometimes consent can be given by mistake and the q is whether d genuinely believed he was not trespassing upon entering the building |
R v Collins |
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Does d need to be aware they are trespassing |
yes |
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what does burglary a require |
intention to steal or inflict gbh or cause criminal damage to be present upon entering the building |
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what does Burglary B require |
intention to steal or inflict gbh or both will still count even if D forms the MR to do this after entering the building |
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whats enough for burglary: intention or recklessness |
if you cant show intention you need to show recklessness |
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whats the add on offence to theft |
robbery |
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whats the add on offence to burglary |
aggravated burglary |
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what does aggravated burglary require that standard burglary doesn’t require |
carrying a firearm or imitation firearm, any weapon of offence or any explosive |
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whats the rule on weapons for aggravated burglary A |
D brings the weapon with them while trespassing |
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whats the requirement on weapons for aggravated burglary B |
enough if D picks up the weapon inside the building |
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what does the weapon have to be like for aggravated burglary |
law is broad, anything thats being intended to be used as a weapon by D counts |
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Can burglary turn into aggravated burglary later on |
ya if the mr of the item turns into a weapon later thats sufficient |
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whats the key requirement for D for aggravated burglary |
that D was aware they have a weapon on them at the time of the burglary (subjective test) |