4. Robbery, Burglary and Blackmail

Question 1

R v Dawson and James

Answer 1

Nudge is force

Question 2

R v Clouden

Answer 2

Grabbing shopping bag is force

Question 3

P v DPP

Answer 3

Removing cigarette from V’s hand is not force

Question 4

R v DPP

Answer 4

No need for victim to be in fear of force, so long as he thinks it will be used against him

Question 5

Grant v CPS

Answer 5

Posits that apprehension by victim that force will be used against him is necessary

Question 6

R v Taylor

Answer 6

Threat to harm 3P isn’t seeking to put person in fear of being then and there subjected to force

Question 7

R v Hale

Answer 7

Appropriation treated as continuous act, so Ds convicted of robbery when use force after the actual appropriation

Question 8

R v Collins

Answer 8

‘Effective and substantial’ entry required

Question 9

R v Brown

Answer 9

Only effective entry required

Question 10

R v Ryan

Answer 10

Entry need not be either ‘substantial’ or ‘effective’ – matter for jury whether there has been an ‘entry’

Question 11

Stevens v Gourley

Answer 11

Building must be ‘a structure of considerable size and intended to be permanent or at least endure for a considerable time’

Question 12

B and S v Leathley

Answer 12

Large freezer container which was detached from its chassis and had been resting on railway sleepers for 2 years – counts as a building

Question 13

Norfolk v Seekings

Answer 13

Similar containers, still on their wheeled chassis, positioned at rear of supermarket and used for temporary storage, held not to be buildings

Question 14

R v Walkington

Answer 14

Part of a building

Question 15

R v Laing

Answer 15

Where at time of entering a person is not a trespasser but later becomes one, there can be no conviction

Question 16

R v Jones and Smith

Answer 16

Entry in excess of permission - trespassers

Question 17

R v G

Answer 17

Recklessness - D is aware of risk and, in circumstances known to him, it would be unreasonable to take the risk

Question 18

A-G’s References (Nos 1 and 2 of 1979)

Answer 18

Conditional intent

Question 19

R v Stones

Answer 19

Phrase ‘intended by the person having it with him for such use’ does not impose a requirement to prove that the intended use was with respect to the particular burglary

Question 20

R v Kelly

Answer 20

Time at which K must have weapon of offence was at the time he actually stole

Question 21

R v O’Leary

Answer 21

D breaks into house and then picked up kitchen knife - armed when stole, so convicted under s 9(1)(b)

Question 22

R v Klass

Answer 22

Accomplice with weapon doesn’t enter caravan - not guilty of aggravated burglary

Question 23

R v Francis

Answer 23

Ds armed with sticks - demand entry - then discard sticks and steal items - not convicted, since they may have entered with weapons of offence, but there was no evidence that at the point of entry they intended to steal

Question 24

R v Collister

Answer 24

There does not have to be an actual express demand – enough that Ds instil in V’s mind that a demand is being made

Question 25

R v Lawrence and Pomroy

Answer 25

Menace can be express or implied

Question 26

Thorne v Motor Trade Associations

Answer 26

Menace extends to ‘threats of any action detrimental to or unpleasant to the person addressed’

Question 27

R v Harry

Answer 27

Menace is strong word, suggesting high degree of coercion

Question 28

R v Clear

Answer 28

Test is objective: threats must be such that the mind of an ordinary person of normal stability and courage might be influenced or made apprehensive so as to accede unwillingly to the demand

Question 29

R v Garwood

Answer 29

Where V is particularly vulnerable or of a timid nature jury may find menaces existed, provided D was aware of affect of his actions on V

Question 30

R v Bevans

Answer 30

‘Pain relief’ counts as having monetary value (because injection has monetary value)

Question 31

R v Harvey

Answer 31

Demand unwarranted because accompanied by threat which itself amounts to criminal offence