Theft, robbery & burglary
Theft and its aggravated forms, robbery and burglary, are property offences under the Theft Act 1968. Each builds on the core definition of theft or on trespassory entry.
What "Theft, robbery & burglary" covers
- Theft (s.1): dishonest appropriation of property belonging to another with intention permanently to deprive.
- Appropriation (s.3) is any assumption of the rights of an owner and can occur even with the owner's consent (Gomez) or in respect of a valid gift (Hinks).
- 'Belonging to another' (s.5) includes possession or control, and property received under an obligation to deal with it in a particular way (s.5(3)).
- Dishonesty: apply the Ivey v Genting test — ascertain the defendant's actual state of knowledge/belief, then ask whether conduct was dishonest by ordinary standards; s.2(1) sets out three situations that are not dishonest.
- Robbery (s.8): theft plus force or putting/seeking to put a person in fear of force, used immediately before or at the time of stealing and in order to steal.
- Burglary (s.9(1)(a)): entering a building/part as a trespasser with intent to steal, inflict GBH or cause criminal damage; (s.9(1)(b)): having entered as a trespasser, stealing/attempting or inflicting/attempting GBH.
- Aggravated burglary (s.10): burglary while having with them a weapon of offence, firearm, imitation firearm or explosive.
Key cases & statutes
The authorities and provisions most likely to matter for this subtopic:
How it's tested in SQE1
SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For theft, robbery & burglary, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.
Where candidates lose marks
- Still applying the old Ghosh two-stage subjective limb — Ivey v Genting removed the requirement that the defendant realise conduct was dishonest by ordinary standards.
- Overlooking the timing/purpose requirement in robbery — force must be used at the time of or immediately before the theft and in order to steal.
- Confusing s.9(1)(a) and s.9(1)(b) burglary — the intent is assessed at entry for (a) but on the later act for (b).
Learn this subtopic in the course
A video lesson, notes and exam-style practice on theft, robbery & burglary.
FAQ
Is theft, robbery & burglary tested on SQE1?
Yes — theft, robbery & burglary is part of the SQE1 Criminal Liability syllabus (FLK2) and can appear in single best answer questions.
How is theft, robbery & burglary examined in SQE1?
SQE1 tests it by application: you're given a realistic scenario and choose the single best answer from five options. The focus is on using the law correctly, not reciting it — knowing the leading authorities (s.1 Theft Act 1968, s.2-6 Theft Act 1968) helps.