Property offences

Question 1

what act and section is burlary under ?

Answer 1

S9 of the theft act 1968

Question 2

explain S9.1.a

Answer 2

when D enters a building as a tresspasser with intention to steal, inflict GBH or cause damage

Question 3

explain S9.1.b

Answer 3

Once entered the building, D then decides to steal, inflict BH or attempt to steal or inflict GBH

Question 4

What are the 4 areas to burglary ?

Answer 4

1. Entry
2. Building
3. Tresspasser
4. Mens Rea x2

Question 5

explain entry

Answer 5

to enter a building
‘any insetion of D’s body’

Question 6

Ryan (1996)
head, arm, window

Answer 6

• D had his head and right arm stuck in a window
• Guilty of S9.1.a

entry

Question 7

explain Building

Answer 7

• a building is fairy perminent and conciderable size
• part - an area of a building where you can’t go
• vehicle/wheels - must be designed for habitation

Question 8

Stevens and Gourlay (1859)
shed, shop

Answer 8

• d broke into a shed being used as a shop
• judge created the test ‘conciderable size and perminent’
• guilty of S9.1.b

building

Question 9

Walkington (1979)
debhanams, till, money

Answer 9

• D entered debhanams and went behind the till and stole the money
• guilty of S9.1.a

Question 10

explain trespasser

Answer 10

• D must enter the buildingas a trespasser
• three types
  1. No permission
  2. outside area of permission
  3. exceed permission

Question 11

Collins (1972)
socks, sex, boyfriend

Answer 11

• D was invited into V’s room to have sex as she thought it was her boyfriend. after she realised it wasn’t him and kicked D out
• not guilty

trespasser

Question 12

explain mens rea for burglary

Answer 12

1. D must intend to enter as a trespasser or to be reckless
2. D must intend the final offence

Question 13

What are the 5 areas of robbery ?

Answer 13

1. theft
2. force
3. timing
4. purpose
5. mens rea

Question 14

explain theft in context of robbery

Answer 14

all 5 elements of theft need to be established
(appropriation, propery, PBA, dishonesty, ITPD)

Question 15

Corcoron V Anderton
eldery, bag, 2 boys

Answer 15

• an elderly woman restled with her handbag against 2 boys
• guilty

Question 16

explain force

Answer 16

• the defendant needs to have either threatend force or used force
  1. the force must modify v’s movement
  2. force threat can be against any person
  3. force can apply to a person/property

Question 17

Dawson and James
nudged, pickpocket

Answer 17

• D’s nudged and jostled V in order to pickpocket him
• guilty of robbery as they used foce that modified the V’s movement

Question 18

explain timing

Answer 18

• the force must be applied immediatly before or at the time of the theft
• the theft is classed as continuing whilst D is still in the building

Question 19

Hale
house, continue, tie

Answer 19

D stole from womens house and used force after (tied her up) still robbery as the force is still continuous as they were still in the building

Question 20

explain purpose

Answer 20

the purpose of the force/threatend force has to be to steal

Question 21

Donaghy
taxi, london, after

Answer 21

• D made threats to a taxi driver to take him to london. when there he stole money from him
• not guilty of robbery as the threat of force was not to steal, stealing was an afterthought

Question 22

explain the two elements of mens rea in robbery

Answer 22

D must have the:
1. intention to steal
2. intention for the force/threat