Robbery & Burglary

Question 1

Force in Robbery is a matter for the jury, but need not be significant (i.e. jostling)

Answer 1

R v DAWSON

Question 2

Force can include against V’s property, i.e. wrenching a bag

Answer 2

R v CLOUDEN

Question 3

Was the appropriation still continuing at the point the force was used?

Answer 3

R v HALE

Question 4

Recklessness or intention as to use/threat of force

Answer 4

Prof JC SMITH - ‘Law of Theft’

Question 5

Recklessness or intention as to use/threat of force

Answer 5

R v BROWN

Question 6

Entry of some part of the body into the premises may be effective - Even if stuck

Answer 6

R v RYAN

Question 7

Under old law, where an instrument is used, there is entry if it is used to commit an offence but not if it is just to gain entry

Answer 7

Prof GRIEW

Question 8

Physical demarcation excluding public from a certain area may indicate a seperate part of the building - Question of Fact for jury

Answer 8

R v WALKINGTON

Question 9

Consent to entry gained by fraud is not “true consent”

Answer 9

R v BOYLE

Question 10

Trespass if you have permission for lawful reason but enter for unlawful reason - Must know or be reckless to exceeding permission and intend to at time of entry

Answer 10

R v JONES & SMITH

Question 11

MR of Trespass - Knows or is Reckless that he is a trespasser - Must have this MR at time of entry for 9(1)(a) - For 9(1)(b), can form after entry

Answer 11

R v COLLINS

Question 12

Conditional intent to steal is sufficient intent

Answer 12

A-G REFERENCE NO.2 of 1979