15 Questions
Can you have a robbery without a theft?
No
How do we decide whether there has been enough force for a robbery?
The jury decide by using the ordinary meaning of the word ‘force’
Can force be applied through property?
Yes, as long as the force against the property caused force against the person
Abi comes across Dan who is walking his dog, Poppy in the park. Abi scoops up Poppy and holds a knife to Poppy’s throat, saying menacingly ‘Give me your wallet or the dog cops it.’ Dan gives Abi his wallet.
Assume a theft has been committed. Is Abi criminally liable for robbery?
No- the force element is missing
Ben insults Matt so Matt punches Ben in the face. As a result Ben’s wallet falls out of his pocket. Matt picks up the wallet and runs off with it.
Assume a theft has been committed. Is Matt criminally liable for robbery?
No- he has not used force in order to steal
Abdul goes into the local shop and tells Ravi, who is behind the counter, that he knows where Ravi’s mother lives and unless Ravi gives him five packets of cigarettes he will break Ravi’s mother’s leg. Ravi gives Abdul cigarettes.
Assume a theft has been committed. Is Abdul criminally liable for robbery?
No- the force element is missing
Which of the following offences can make up a s 9(1)(a) burglary but not a s 9(1)(b) burglary?
Criminal damage
At what point in time does a s 9(1)(a) burglary take place?
Upon entry with intention to commit the ulterior offence
When establishing a s 9(1)(b) burglary, which of the following elements requires no mens rea?
Grievous bodily harm
What is the maximum sentence for aggravated burglary?
life imprisonment
When must D have the article with them for the purposes of a section 9(1)(b) aggravated burglary?
On commission or attempted commission of theft or grievous bodily harm
A man breaks into a house with the aim of stealing valuables and takes a laptop. He has pepper spray in his pocket. Which of the following offences is the man most likely to be criminally liable for?
Aggravated burglary
Felix commits burglary.
He has in the bottom of his rucksack an imitation handgun which he is looking after for a friend, but does not intend to use. The handgun is not capable of being fired.
Is Felix guilty of aggravated burglary and if so how?
Felix will be guilty of aggravated burglary as long as he has the rucksack with him during the burglary
Felix commits burglary.
He has a firework in his pocket.
Is Felix guilty of aggravated burglary and if so how?
Felix is guilty of aggravated burglary as the firework is an explosive
Felix commits burglary.
In the kitchen he picks up a knife which he intends to use on anyone who disturbs him.
Is Felix guilty of aggravated burglary and if so how?
Felix is guilty of aggravated burglary
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