Burglary + Robbery

Question 1

Actus Reus of burglary:

Answer 1

1. ) Entering
2. ) A building or part of a building
3. ) As a trespasser

Question 2

Mens Rea

Answer 2

S9(1) (a)

• Mens rea of trespasser AND
• Intention to commit ulterior offence at the time of entry

S9(1)(b)

• Mens rea of a trespasser AND
• Actual mens rea of either full offence of theft or inflicting GBH

Question 3

R v Collins

Answer 3

Facts: -D climbed a ladder to an open window where a naked woman was sleeping
-She thought the man was her boyfriend so invited him in for sex -> realised it wasn’t him

Judgment: Conviction quashed

L.P: D entered with the true permission granted by V

Question 4

R v Jones and Smith

Answer 4

Facts: -Both D’s went to the home of one parent and stole some T.Vs
-Father gave permission saying son had permission to be in the house

Judgment: Guilty of burglary

L.P: -D had permission to enter but not for the purposes of stealing so he was a trespasser

Question 5

R v Walkington

Answer 5

Facts: D reached behind a counter and tried to take money from the till but it was empty

Judgment: Guilty

L.P: - Contented counter was not physically separated
-Courts said that the counter was clearly out of bounds so he was trespassing in that part of the building

Question 6

R v Ryan

Answer 6

Entrance did not have to be effective

Question 7

Robbery:

Answer 7

Theft Act s8(1):
AR:- Actus reus of theft, force (or fear of force), to any person at the time or immediately before the theft

MR: -Mens rea of theft, intentional use of force

Question 8

R v Hale

Answer 8

Facts: Ds accomplice stole jewellery whilst D threatened V and tied her to a chair
-Argued force came after theft

Judgment: Guilty

L.P: -Appropriation is a continuing act that commences with the first assumption of rights