Robbery, Burglary and Blackmail Flashcards
AR- Robbery- s.8 TA 1968?
steal + threat of force or application of force
Since one right is sufficient for appropriation, which case shows what can be sufficient for Robbery?
Corcoran v Anderton [1980]- tugging at V’s back and causing V to drop it on the ground
The element of AR- force- case law
Dawson v James [1977]
Snatching a cigarette is not enough for the requirement of force
P v DPP [2013]
Intention to steal is the reason for the force
Codsi [2009]
Force is to be used before or at the time of stealing
Hale [1979]
Indirect application of force will also suffice
R v Martins [2021]- force to person
Where is the offence of Burglary found?
s.9 TA 1968
Describe s.9 (1) (a) of the offence
enter a building or part of a building as a trespasser with the intention to steal or inflict GBH or cause criminal damage
s.9 1 a - ‘enters’- case law
Collins [1973]; Brown [1985]- ‘substantial and effective entry’
for a part a- whether you steal is irrelevant
Ryan [1996]
s.9 (1) (a)- ‘building or part of a building’
Leathley [1979]- large freezer; Walkington [1979]- behind shop counter
s.9(1)(a)- ‘trespasser’
Jones and Smith 1976- father’s house; no permission to take TV sets
What is s.9 1 b of the burglary offence?
s.9 1 a + commission or attempted commission of an offense (theft or GBH)
what does s.9 (3) provide?
if premises are a dwelling- 14yrs imprisonment- Hudson v CPS [2017]- even if it is unocuppied
hotel room is generally not a dwelling for the purposes of s.9 offence- case law
Chipunza 2021
What is key about AR of s.9 1 b? clue: the offence
remember, to satisfy s.9 1 b, the AR of the offence needs to satisfied- i.e.- theft- appropriation
what is the offence under s.10 (1)?
aggravated burglary- possession of firearm or imitation firearm
intention to use the firearm is irrelevant
Stones [1989]
Where is the offence of blackmail found?
s.21 TA 1968
What is the AR of Blackmail?
unwarranted demand made with menaces acting with a view to gain for himself or a third party
threats can be other to violence and also would amount to menaces
Thorne v Motor Trade Association [1937]
demand for the offence of blackmail may be express or implied
Collister and Warhurst [1955]
Demand need not be made to the victim
Treacy v DPP [1971]
demands made by instantaneous means of communication
R v Pogmore [2017]- made when sent not when received
menaces- s.21- blackmail- ordinary meaning
Lawrence v Pomroy [1973]
threats of such a nature and extent that the mind of an ordinary person might be at influence to meet the demand
R v Clear [1968]
Menaces more than trivial yet susceptibility to threats does count
R v Harry[1974]; R v Garwood [1987]
MR of blackmail + case law
intent to cause loss to another- R v Harvey, Ulyett and Plummer [1981]
What are the 2 statutory defences to a blackmail charge?
s.34 1 a and b- D beliefs there are reasonable grounds for the demand
D believes those are the proper means of eforcing the demand
MR- intent to gain- what can be gained?-case law
Bevans [1988]- injection of morphine; Parkes [1973]- debt owed to D
