Criminal Law

Question 1

What section of the theft act 1968 is robbery under

Answer 1

section 8

Question 2

define robbery

Answer 2

guilty of robbery if steals and immediately before or at time of doing so he uses force or seeks to put any person in fear of being then and there subjected to force

Question 3

What are the actus reus elements of Robbery

Answer 3

• theft
  -force/seeking to put any person in fear of

Question 4

what are the two conditions to force in Robbery

Answer 4

-must be immedately before or at time of theft
-must be in order to steal

Question 5

Does the amount of force in robbery need to be large

Answer 5

NO

Question 6

what can the threats in robbery be

Answer 6

threatening words or gestures
- attempting to cause fear is enough

Question 7

what is meant by on any person in robbery

Answer 7

does not have to be on the person intending to steal from

Question 8

What are the Mens Rea elements for robbery

Answer 8

-mens rea for theft (dishonesty +intent to deprive)
-intention to use force to steal

Question 9

What section of theft act 1968 is Bulgary under

Answer 9

Section 9

Question 10

define S91a and S91b of Bulgary

Answer 10

-s91a entering a building/ part of one as a trespasser with the intent to theft GBH or criminal damage

-s91b having entered as a trespasser then stealing/inflicting/ attempting to to inflict GBH

Question 11

What are the key elements of Actus Reus in Bulgary

Answer 11

-entry
-building or part of
-trespasser

Question 12

What is the mens rea for bulgary

Answer 12

-must know or be subjectively reckless as to whether trepassing

-intent at point of entry ( theft/GBH/criminal damage)

-or mens rea for these offences

Question 13

definition of theft

Answer 13

guilty of theft if dishonestly appropiates property belonging to another with intent to permanently depreving another

Question 14

name the 3 actus rea sections of theft act

Answer 14

s3 appropriation
s4 property
s5 belonging to another

Question 15

name two mens rea elements of theft act

Answer 15

dishonesty
intent tto permanently deprive

Question 16

what is sentencing for theft

Answer 16

triable either way offence
max 7 years

Question 17

What is sentencing for GBH both s18 and s20

Answer 17

s20 triable either way max 5 years

s18 max life imprisonment

Question 18

Define insanity (common law definition in m naghten rules 1843)

Answer 18

the defendent must prove that at the time of the offence he was labouring under such a defect of reason arising from a disease of the mind that he did not know the nature and quality of the act he was doing or if he did know it that he did not know what he was doing was wrong.