W5 - Robbery and Burglary
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Questions and Answers

Can you have a robbery without a theft?

  • Yes
  • Depends on the circumstances
  • No (correct)
  • How do we decide whether there has been enough force for a robbery?

  • The statute provides a definition of ‘force’ as more than a mere touch
  • The judge decides on the meaning of the word ‘force’ and directs the jury
  • The jury decide by using the ordinary meaning of the word ‘force’ (correct)
  • The statute provides a negative definition of ‘force’ as not requiring violence
  • Can force be applied through property?

  • No, as force to detach property cannot count as force on the person
  • No, as the wording of the statute refers to the use of force being on any person
  • Yes, as long as the force against the property caused force against the person (correct)
  • Yes, as the acts of a pickpocket are enough force for a robbery where there is very minimal indirect contact and no resistance from the victim
  • 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?

    <p>No- the force element is missing</p> Signup and view all the answers

    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?

    <p>No- he has not used force in order to steal</p> Signup and view all the answers

    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?

    <p>No- the force element is missing</p> Signup and view all the answers

    Which of the following offences can make up a s 9(1)(a) burglary but not a s 9(1)(b) burglary?

    <p>Criminal damage</p> Signup and view all the answers

    At what point in time does a s 9(1)(a) burglary take place?

    <p>Upon entry with intention to commit the ulterior offence</p> Signup and view all the answers

    When establishing a s 9(1)(b) burglary, which of the following elements requires no mens rea?

    <p>Grievous bodily harm</p> Signup and view all the answers

    What is the maximum sentence for aggravated burglary?

    <p>life imprisonment</p> Signup and view all the answers

    When must D have the article with them for the purposes of a section 9(1)(b) aggravated burglary?

    <p>On commission or attempted commission of theft or grievous bodily harm</p> Signup and view all the answers

    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?

    <p>Aggravated burglary</p> Signup and view all the answers

    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?

    <p>Felix will be guilty of aggravated burglary as long as he has the rucksack with him during the burglary</p> Signup and view all the answers

    Felix commits burglary.

    He has a firework in his pocket.

    Is Felix guilty of aggravated burglary and if so how?

    <p>Felix is guilty of aggravated burglary as the firework is an explosive</p> Signup and view all the answers

    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?

    <p>Felix is guilty of aggravated burglary</p> Signup and view all the answers

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