Comparing The Law In Relation To Theft, Robbery And Burglary

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One of the most significant current discussions in the legal field is the arisen uncertainty of several areas when defining terms, statutory acts, phrases or even specific words of English law in courts, which some do not have a specific definition. For example, ‘dishonesty’ is not specifically defined rather, negatively defined i.e. showing what dishonesty is not, instead of what dishonesty is. However, one question that needs to be asked, is whether the law surrounding theft, robbery and burglary have been drafted as to leave out ambiguity. The aim of this paper is to critically examine the law relating to theft, robbery and burglary accordingly to the statement by J.R. Spencer from Lloyds, “…sprouts obscurities at every phrase…”. Throughout the paper, relevant case law will be applied …show more content…

One would be found guilty if he steals immediately before or after the time of doing so. As robbery can be consented, AR of theft must be present, adding one of the three activities; uses force, puts or seeks to put anyone in fear and ‘MR for theft’ must be present.

Burglary is committed when a trespasser enters any building, with intent to commit theft and grievous bodily harm or criminal damage. There are two types of burglary. The AR of burglary consists of three elements; trespass, entry and ‘a building or part of a building’. The MR of burglary is specifically stated by Edmund Davies LJ: “…a serious offence like burglary should require MR in the fullest sense of the phrase: D should be liable for burglary only if he knowingly trespasses or is reckless as to whether he trespasses or not” in Collins.

Two criticisms described by Mitchell are that burglary and robbery are barely defined that the current law is unable to identify crimes of multiple wrongdoing. He also suggests that new offences that consist of one or more omission should be

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