Robbery, Burglary and Blackmail

Question 1

AR- Robbery- s.8 TA 1968?

Answer 1

steal + threat of force or application of force

Question 2

Since one right is sufficient for appropriation, which case shows what can be sufficient for Robbery?

Answer 2

Corcoran v Anderton [1980]- tugging at V’s back and causing V to drop it on the ground

Question 2

The element of AR- force- case law

Answer 2

Dawson v James [1977]

Question 3

Snatching a cigarette is not enough for the requirement of force

Answer 3

P v DPP [2013]

Question 4

Intention to steal is the reason for the force

Answer 4

Codsi [2009]

Question 5

Force is to be used before or at the time of stealing

Answer 5

Hale [1979]

Question 5

Indirect application of force will also suffice

Answer 5

R v Martins [2021]- force to person

Question 6

Where is the offence of Burglary found?

Answer 6

s.9 TA 1968

Question 7

Describe s.9 (1) (a) of the offence

Answer 7

enter a building or part of a building as a trespasser with the intention to steal or inflict GBH or cause criminal damage

Question 8

s.9 1 a - ‘enters’- case law

Answer 8

Collins [1973]; Brown [1985]- ‘substantial and effective entry’

Question 9

for a part a- whether you steal is irrelevant

Answer 9

Ryan [1996]

Question 10

s.9 (1) (a)- ‘building or part of a building’

Answer 10

Leathley [1979]- large freezer; Walkington [1979]- behind shop counter

Question 11

s.9(1)(a)- ‘trespasser’

Answer 11

Jones and Smith 1976- father’s house; no permission to take TV sets

Question 12

What is s.9 1 b of the burglary offence?

Answer 12

s.9 1 a + commission or attempted commission of an offense (theft or GBH)

Question 13

what does s.9 (3) provide?

Answer 13

if premises are a dwelling- 14yrs imprisonment- Hudson v CPS [2017]- even if it is unocuppied

Question 13

hotel room is generally not a dwelling for the purposes of s.9 offence- case law

Answer 13

Chipunza 2021

Question 14

What is key about AR of s.9 1 b? clue: the offence

Answer 14

remember, to satisfy s.9 1 b, the AR of the offence needs to satisfied- i.e.- theft- appropriation

Question 15

what is the offence under s.10 (1)?

Answer 15

aggravated burglary- possession of firearm or imitation firearm

Question 16

intention to use the firearm is irrelevant

Answer 16

Stones [1989]

Question 17

Where is the offence of blackmail found?

Answer 17

s.21 TA 1968

Question 18

What is the AR of Blackmail?

Answer 18

unwarranted demand made with menaces acting with a view to gain for himself or a third party

Question 18

threats can be other to violence and also would amount to menaces

Answer 18

Thorne v Motor Trade Association [1937]

Question 19

demand for the offence of blackmail may be express or implied

Answer 19

Collister and Warhurst [1955]

Question 20

Demand need not be made to the victim

Answer 20

Treacy v DPP [1971]

Question 21

demands made by instantaneous means of communication

Answer 21

R v Pogmore [2017]- made when sent not when received

Question 21

menaces- s.21- blackmail- ordinary meaning

Answer 21

Lawrence v Pomroy [1973]

Question 22

threats of such a nature and extent that the mind of an ordinary person might be at influence to meet the demand

Answer 22

R v Clear [1968]

Question 23

Menaces more than trivial yet susceptibility to threats does count

Answer 23

R v Harry[1974]; R v Garwood [1987]

Question 24

MR of blackmail + case law

Answer 24

intent to cause loss to another- R v Harvey, Ulyett and Plummer [1981]

Question 25

What are the 2 statutory defences to a blackmail charge?

Answer 25

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

Question 26

MR- intent to gain- what can be gained?-case law

Answer 26

Bevans [1988]- injection of morphine; Parkes [1973]- debt owed to D