property offences

Question 1

what is the AR and MR of robbery?

Answer 1

AR of theft
force
on any person
use or threat of force immediately before or at the time of stealing

MR:
MR of theft
intend to use force in order to steal

Question 1

what are the 3 ways that force or threat of force for robbery can be satisfied? if the D…

Answer 1

uses force; or
puts a person in fear of being subjected to force; or
seeks to put a person in fear of being subjected to force

Question 2

does force require violence for robbery?

Answer 2

no

Question 3

if a V doesnt realise they are being threatened by force - can a D be liable for robbery and satisfy this element? (along with the other elements needed)

Answer 3

yes, can be liable even if V isn’t aware that they are being threatened by force
just that D seeks to put V in fear

Question 4

what are the two types of burglary?

Answer 4

s9(1)(a) and s9(1)(b)

Question 5

what burglary doesnt require the D to actually commit an ulterior offence?

Answer 5

s9(1)(a)

Question 6

what burglary offence requires you to actually commit an ulterior offence?

Answer 6

s9(1)(B)

Question 7

when does burglary occur for s9(1)(a)?

Answer 7

as soon as D enters

Question 8

when does burglary occur for s9(1)(B)?

Answer 8

at the point the ulterior offence is committed

Question 9

what does entry mean for burglary?

Answer 9

partial entry is sufficient
eg, head and one arm stuck through window is sufficient for entry for burglary

Question 10

how can a person enter part of a building as a trespasser?

Answer 10

either without consent or
in excess of authority (at times the D can still be a trespasser even if given consent to enter)

Question 11

can a D be guilty of burglary if they do not intend to trespass?

Answer 11

yes, can be guilty of trespass as can be reckless

Question 12

do you need to intend an ulterior offence for a s9(1)(a)?

Answer 12

yes - need to intend the offences
either to:
steal
inflict GHB
unlawfully damage property

Question 13

is the offence and mens rea required in relation to infliction of GBH for s9(1)(b) burglary offence?

Answer 13

no - r v Jenkins - states no offence and thus no MR at all is required in relation to the infliction of GBH

no MR needed for inflicting GBH, just need to inflict it

Question 14

what offence can make up a s9(1)(a) burglary but not a s9(1)(b) burglary?

Answer 14

criminal damage

Question 15

what makes a burglary aggravated?

Answer 15

D must have with them:
firearms or imitation of firearms
weapon of offence
explosives

Question 16

what does a weapon of offence mean for aggravated burglary?

Answer 16

means any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him for such use

Question 17

when must D have the article with them for aggravated burglary?

Answer 17

at the time they commit the relevant burglary
eg, s9(1)(a) when enter
s9(1)(b) on commission or attempted commission of theft or GBH

Question 18

what is the actus reus and mens rea of bass criminal damage?

Answer 18

AR:
- destroy or damage
- property
- belonging to anther
- without lawful excuse
MR:
- intention; or recklessness as to the destruction or damage of property belonging to another

Question 19

what is the AR and MR of basic arson?

Answer 19

AR:
- destroy or damage by fire
- property
- belonging to another
- without lawful excuse
MR
intention or recklessness as to the destruction or damage of property belonging to another by fire

Question 20

what are lawful excuses and therefore, negate when a person has committed basic criminal damage/arson?

Answer 20

• where D believes owner of property would have consented to damage; and
• operates where D acts to protect their or another’s property

Question 21

does the D’s belief need to be reasonable as to belief owner would have consented to damage (lawful excuse)?

Answer 21

no, D’s belief need not be reasonable. it is only necessary for it to be honestly held

Question 22

is mistaken belief due to voluntary intoxication allowed as a lawful excuse?

Answer 22

yes - the test for belief is subjective and therefore, it doesnt matter if this is held via voluntary intoxication

Question 23

can a D’s motive be taken into account (when considering lawful excuse for criminal damage?)

Answer 23

no it cannot as criminal damage is not an offence of dishonesty (even if the motive is to perpetrate a fraud)

Question 24

what are the 4 requirements that need to be considered for the defence of when D acts to protect property?

Answer 24

1. D must act to protect property
2. D must believe that property was in immediate need of protection (subjective)
3. D must believe that means of protection adopted are reasonable (subjective)
4. damage caused by D must (objectively) be capable of protecting the property

Question 25

what is the AR and MR for aggravated criminal damage?

Answer 25

AR:
- destroy or damage (by fire)
- property
MR:
- intention or recklessness as to the destruction or damage of property (by fire)
- intention or recklessness as to the endangerment of life by the damage or destruction (by fire)

Question 26

can a person commit aggravated criminal damage to own property?

Answer 26

yes they can

Question 27

does the lawful excuse of owner would have consented and protection of property apply to aggravated criminal damage?

Answer 27

no they dont apply but can have a lawful excuse defence under any of the general defences to criminal offences

Question 28

does it matter if the life of another was actually endangered to satisfy aggravated criminal damage?

Answer 28

No it doesnt matter