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Robbery, Burglary and Criminal Damage
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These are my lecture notes on robbery, burglary and criminal damage. Case law is used to make critical points on the law in these areas.
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By: cj101 • 7 year ago
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Robbery, Burglary and Criminal DamageBasic Reading
Herring - Chapters Eight (pages 535-537), Ten (p.593-601, 606-609) and Eleven (p.616-634). You should also
read another textbook chapter on these crimes.
Further Reading
A. Ashworth, ‘Robbery Re-Assessed’ [2002] Criminal Law Review 851.
I. Edwards ‘Banksy’s Graffiti: A Not so-simple Case of Criminal Damage? [2009] 73 Journal of Criminal Law
345.
E. Griew, ‘Dishonesty: The Objections to Feely and Ghosh’ [1985] Criminal Law Review 341.
A. Haplin ‘The Test for Dishonesty’ [1996] Criminal Law Review 283.
P. Pace ‘Burglarious Trespass’ [1985] Criminal Law Review 716.
Robbery
S.8 Theft Act (NI) 1969:
o ‘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.’
Robbery => Theft aggravated by assault.
Actus Reus:
1) Actus Reus of Theft: Appropriation of Property Belonging to Another.
Corcoran v Anderton (1980) 71 Cr App R 104:
o D struck V in the back, tugged at her handbag causing the woman to release it. The woman
screamed and fell. Both D and his accomplice ran off empty-handed. The woman retrieved
her handbag. At no time did D have sole control over the handbag.
o Theft was complete on defendant snatching victim’s handbag by force even though he
dropped it.
o The tugging of the handbag of itself might not be a sufficient appropriation; the snatching
of the handbag from the woman causing it to fall from her grasp to the ground amounted
to an appropriation.
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