Burglary and Robbery cases

Question 1

Collins

Answer 1

• [1972]
• Wanted to have sex with 18-year-old victim, climbed a ladder to his window and was naked, and mistook him for her boyfriend.
• Had sex and realised her mistake. Trespass with intent to rape.
• Question of whether he was a trespasser as she allowed him in.
• The Court of Appeal allowed his appeal of conviction of robbery.
• Introduced a test for entry of substantial and effective, test has been watered down over the years, now just has to be effective entry

Question 2

Brown

Answer 2

• [1985]
• Broke a shop window, reached inside and stole a purse.
• Partial entry but was upheld

Question 3

Ryan

Answer 3

• [1996]
• Broke into a house of an elderly resident, his body was stuck in the window, half in half out.
• Held he had made an effective entry

Question 4

Jones and Smith

Answer 4

• [1976]
• The defendant had permission to enter his father’s home but did so in the dead of night with an accomplice to steal a television set.
• Held it was burglary as he did not have permission to enter the property for the purpose of stealing.
• Had a general permission to enter but not for the purpose of stealing. In excess, unlawful purpose

Question 5

Walkington

Answer 5

• [1979]
• Entered a department store, but then went into a staff only area behind a counter and opened the till.
• Held by the court that he committed burglary and exceeded his permissions

Question 6

Concoran v Anderton

Answer 6

• (1980)
• Fully committed theft and the defendant committed robbery.
  Defendant snatched a handbag, dropped it, and ran off without it.
• Theft happened through the snatching of the handbag

Question 7

Dawson

Answer 7

• [1977]
• Defendant nudged the victim; to throw the victim off balance so the accomplice could steal the victim’s wallet.
• Considered robbery

Question 8

P v DPP

Answer 8

• [2012]
• snatching a cigarette from someone was not constituted as force, there was no force for robbery, considered to be the same as pickpocketing.
• Quashed on appeal of robbery

Question 9

Clouden

Answer 9

• [1987]
• Defendant wrenched a shopping basket out of the hands of the victim.
• Indirect force sufficient for robbery

Question 10

Hale

Answer 10

• (1979)
• 2 defendants, one tied up the victim and the other stole the jewellery.
• Held that appropriations can be considered for the purpose of proximity

Question 11

R v James

Answer 11

• (1997)
• Can be opportunistic

Question 12

Vinall

Answer 12

• [2011]
• held there was no men’s rea, punched the victim and rode off on the victim’s bike for 50 yards and then left it behind.
• No intent to permanently deprive