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Robbery and Burglary Offences

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Robbery and Burglary Offences

Offences of this nature are regarded by the Court as very serious crimes against another person. If found guilty at Court the accused could face a lengthy prison sentence; especially if a high level of violence is demonstrated.

Our solicitors have successfully defended clients for such allegations where the prosecution could not prove beyond reasonable doubt our client’s identity. Moreover, using cell-site evidence client’s have successfully been defended on the basis that their presence could not be proven.

Our expert solicitors have experience in dealing with such complex matters at Court and effectively analysing the prosecution’s case. Contact us immediately to explore your defence or discuss any ongoing investigations.

To be guilty of this offence it must be proven beyond reasonable doubt that at the time of/or directly before stealing from a victim, the accused uses force or threatens to use force. The force used must be linked to the theft from the victim to amount to an offence of robbery. This can involve a simple punch to the face where the accused takes the victims mobile phone. A successful defence to this allegation is that illustrated by the case of Robinson [1977] Crim LR 173, in which the Court of Appeal held that there was no robbery where the defendant honestly believed that he had a right to the property in question.

The offence of armed robbery takes place when a weapon is used to commit robbery. In these circumstances a weapon can be a firearm, or any form of physical tool. Such cases often involve forensic/DNA analysis to link the weapon to the accused.

What you might not know is that to be guilty of burglary, you need not steal anything after entering someone else’s property, the intention to steal or cause them GBH or commit criminal damage is sufficient. Burglary of a dwelling house has more severe sentencing that that of burglary of a non-dwelling e.g. office block. If the intention cannot be proven, the offence is not made out.

To be charged with the more serious offence of aggravated burglary the additional element required to be proven by the prosecution is that the accused at the time has with him a firearm, imitation firearm, weapon or explosive.

If the prosecution cannot prove beyond reasonable doubt that the accused entered the alleged building, the offence is not made out.

A person is guilty of this offence if he has with him any article for use in the course of or in connection with any burglary or theft. Defendants are commonly charged with this offence if found on the street with tools such as bolt cutters, screwdrivers and balaclavas/gloves.

It is a full defence if it can be demonstrated that the items carried were used for example, in trade or the accused had lawful authority to carry these items. Moreover, the intention to commit a burglary or theft must be proven.