Literature Quiz / Criminal Law - Robbery, Blackmail

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Can you name the Criminal Law cases for Robbery, Blackmail & Burglary?

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TopicCase
Robbery - Tugging at a bag - Any assumption of the rights of the owner amounts to appropriation
Theft is a pre-requisite offence, hence the s2 defences will apply to robbery
'Force' is a consideration for the jury, but there is no argument that force must be substantial, but merely slight
Covering someone's mouth can amount to sufficient force
Putting someone in fear (or seeking to) is a subjective test based purely on what the victim apprehends
Post-office 'robbery' - Actus reas could not be made out because customers were unaware of the threat
Appropriation can be a continuing event that can cover the duration of an incident
Timing of a threat is not crucial for the AR, but a jury must be satisfied that at the time of the theft, the threat stilll operates on the victim & forces him to comply & that the
Blackmail - A demand can be express or implied & will be determinable by a jury
A demand made by letter is complete once posted
The offence is completed upon making the demand, irrespective of whether the victim complies
Threats of menace include any action detrimental or unpleasant
Menace is nominally objective - 'The threat must be such that the mind of an ordinary person of the normal stability and courage might be influenced or made apprehensive & comply'
However, 'Menace' is an ordinary English word that requires no definition except for exceptional cases where special knowledge may cause the victim to be extraordinarily vulnerable
The thin skull rule will apply where accused person was aware of the likely effect his actions would have on a particularly timid victim
'Menace' is not altogether trivial though - ''A Stern Word'
TopicCase
A demand accompanied by a threat of a criminal offence will never be warrented
Burglary - AR for entry is to make an Effective & Substantial Entry
Entry reduced to mean an Effective Entry
Finally, Entry has been deemed an Ordinary English word requiring no guidance from the courts
A Building is a 'Structure of considerable size and intended to be permeanent, or endure for a considerable period of time'
A walk in freezer on a farmyard was held to be a building
Disconnected lorry trailers were nt held to be builings
Parts of a building are also sufficient, such as going behind a movable counter in a dept. store
You will not be a trespasser under this offence if you have permission from anyone with seemingauthority
You can become a trespasser by exceeding your permission
MR - knowledge / recklessness as to trespass
MR under s9(1)(b) - only causing GBH is required (not infliction)
For whichever burglary offence, the Def. must be a Trespasser on Entry
Aggrevated Burglary (s10) - Def. must have the weapon at the time of committing the burglary
Whether or not you intend to use a weapon in the burglary is irrelevant, if you carry with you a weapon that you intend to use to injure/incapacitate at some point -burglary = AB
This need only be a momentary intention - if a ordinary weapon is indended momentarily as a weapon and the prosecution can show continuing appropriation - Agg. Burglary

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