Theft, robbery and burglary

Question 1

Define theft under English law.

Answer 1

Theft is the dishonest appropriation of property belonging to another person with the intention to permanently deprive them of it.

Question 2

What are the key elements of theft?

Answer 2

The key elements of theft are appropriation, property, belonging to another, dishonesty, and the intention to permanently deprive.

Question 3

Explain the concept of appropriation in theft.

Answer 3

Appropriation refers to any assumption of the rights of an owner. It can include taking, using, or disposing of someone else’s property.

Question 4

Discuss the different types of property in theft law.

Answer 4

Property can include both tangible and intangible items, such as money, personal belongings, intellectual property, confidential information, and even electricity.

Question 5

What are the defenses to theft?

Answer 5

The common defenses to theft include a claim of right (honestly believing one has the right to the property), consent, and the absence of dishonesty.

Question 6

Define burglary under English law.

Answer 6

Burglary is the offense of entering a building or part of a building as a trespasser with the intention to commit theft, grievous bodily harm (GBH), or unlawful damage.

Question 7

What are the key elements of burglary?

Answer 7

The key elements of burglary are entering a building or part of a building, as a trespasser, with the intention to commit theft, GBH, or unlawful damage.

Question 8

Explain the concept of “entering as a trespasser” in burglary.

Answer 8

“Entering as a trespasser” means entering a building without lawful permission or authorization. It includes entering through an unlocked door, climbing through a window, or using deception to gain access.

Question 9

Discuss the different categories of buildings in burglary law.

Answer 9

Buildings can be residential, commercial, or other structures, such as vehicles or vessels. The law recognizes these different categories and applies varying degrees of protection to each.

Question 10

What are the defenses to burglary?

Answer 10

The common defenses to burglary include lawful authority or permission to enter the building, honest belief in consent, and lack of intention to commit theft, GBH, or unlawful damage at the time of entry.

Question 11

Define robbery under English law.

Answer 11

Robbery is the theft of property from a person or their immediate presence by using force, or by threatening the use of force.

Question 12

What are the key elements of robbery?

Answer 12

The key elements of robbery are the theft of property, from a person or their immediate presence, using force or threat of force.

Question 13

Explain the concept of “immediate presence” in robbery.

Answer 13

“Immediate presence” refers to the proximity of the victim to the stolen property. It includes situations where the victim is aware of the property and has control or is in close proximity to it.

Question 14

Discuss the distinction between force and threat of force in robbery.

Answer 14

Force involves physical violence or restraint against the victim, while a threat of force involves making the victim fear immediate and unlawful violence if they do not comply with the demands. Force involves physical violence or restraint against the victim, while a threat of force involves making the victim fear immediate and unlawful violence if they do not comply with the demands.

Question 15

What are the defenses to robbery?

Answer 15

The common defenses to robbery include the absence of force or threat of force, lack of intention to permanently deprive, and the absence of dishonesty in the appropriation.

Question 16

Define theft under English law and explain each element in detail.

Answer 16

Theft is a criminal offense that involves the dishonest appropriation of property belonging to another person with the intention to permanently deprive them of it. The elements of theft include:

Appropriation: This refers to any assumption of the rights of an owner, whether by taking, using, or disposing of someone else’s property without their consent.

Property: Theft can involve both tangible items, such as money, personal belongings, and vehicles, as well as intangible items like intellectual property and confidential information.

Belonging to another: The property in question must belong to a person other than the defendant.

Dishonesty: The defendant’s actions are considered dishonest if they would be deemed as such by the standards of ordinary, reasonable people.

Intention to permanently deprive: The defendant must have the intention to permanently deprive the owner of their property, meaning they do not intend to return it.

Question 17

Discuss the different types of property in theft law and provide examples.

Answer 17

Property, in the context of theft law, can encompass various forms. Examples of different types of property include:

Tangible property: This includes physical objects like money, jewelry, electronics, and vehicles.

Intellectual property: It refers to creations of the mind, such as patents, copyrights, trademarks, and trade secrets.

Confidential information: This category involves sensitive data, such as customer lists, proprietary formulas, and classified documents.

Real property: It encompasses land and buildings, including residential homes, commercial premises, and undeveloped land.

Financial instruments: These include items like checks, credit cards, and stocks.

Question 18

Define burglary under English law and explain each element in detail.

Answer 18

Burglary is a criminal offense involving unlawful entry into a building or part of a building as a trespasser with the intention to commit theft, grievous bodily harm (GBH), or unlawful damage. The elements of burglary are:

Entry: The defendant must physically enter a building or part of a building, even if it is just a slight intrusion.

Building or part of a building: This refers to any structure that provides shelter or security, including residential homes, commercial establishments, and other enclosed areas.

Trespasser: The defendant must enter without lawful authority or permission.

Intention to commit theft, GBH, or unlawful damage: The defendant must possess the specific intention to engage in one of these prohibited activities upon entry.

Question 19

Discuss the different categories of buildings in burglary law and provide examples.

Answer 19

Burglary law recognizes various categories of buildings, which can impact the severity of the offense and the level of protection afforded. Examples of different categories of buildings include:

Residential buildings: These are dwellings primarily used as homes, such as houses, apartments, and mobile homes.

Commercial buildings: These are structures used for business or trade, including offices, stores, warehouses, and factories.

Other structures: This category may encompass vehicles, vessels, temporary structures, and even certain outdoor areas like gardens or courtyards.

Question 20

Define robbery under English law and explain each element in detail.

Answer 20

Robbery is a criminal offense involving the theft of property from a person or their immediate presence using force or the threat of force. The elements of robbery include:

Theft of property: The defendant must take another person’s property without lawful authority or permission.

From a person or their immediate presence: The property must be taken directly from the victim or from a location close enough to them that they are aware of the theft.

Using force or threat of force: The defendant must either use physical violence or create a reasonable fear of immediate and unlawful violence in the victim.

Question 21

Discuss the distinction between force and threat of force in robbery and provide examples.

Answer 21

In the context of robbery, force and threat of force are distinct but related concepts. Force refers to the physical violence or restraint exerted by the defendant against the victim. Examples include hitting, punching, pushing, or physically restraining the victim. On the other hand, a threat of force involves creating a reasonable fear in the victim’s mind that they will face immediate and unlawful violence if they do not comply with the defendant’s demands. Examples include brandishing a weapon, making verbal threats, or displaying aggressive behavior.

Question 22

What is the case of R v. Velumyl (1989) and how does it relate to theft?

Answer 22

In R v. Velumyl, the defendant took money from a safe with the intention to replace it later. The court held that the defendant’s intention to return the exact sum did not negate the dishonest appropriation, as the property taken belonged to another. This case establishes that an intention to replace stolen property does not prevent a finding of theft.

Question 23

Explain the case of R v. Hinks (2000) and its significance in theft law.

Answer 23

In R v. Hinks, the defendant formed a relationship with a vulnerable man and received gifts and money from him. The court held that appropriation could occur even if the victim willingly gave the property, as long as the defendant exploited the victim’s vulnerability. This case expanded the scope of appropriation in theft law by recognizing situations where consent is overridden due to exploitation or undue influence.

Question 24

Discuss the case of R v. Collins (1972) and its impact on the definition of burglary.

Answer 24

In R v. Collins, the defendant entered a shop by climbing through a hole in the roof. The court held that entry could be established even if the defendant did not fully penetrate the premises and only entered a part of the building. This case broadened the interpretation of “entry” in burglary law, including partial entry.

Question 25

Explain the case of R v. Walkington (1979) and its significance in determining the scope of "part of a building" in burglary.

Answer 25

In R v. Walkington, the defendant entered a department store changing cubicle with the intention to steal. The court held that a cubicle within a larger building constituted a separate part of the building for the purposes of burglary. This case clarified that a part of a building can refer to a specific area within the premises.

Question 26

Discuss the case of R v. Clouden (1987) and its impact on the element of force in robbery.

Answer 26

In R v. Clouden, the defendant snatched a chain from the victim's neck, causing her to stumble and fall. The court held that even minimal force, such as a snatch or pull, could be sufficient to satisfy the force element in robbery. This case established that force need not be substantial or significant, but rather any force used in the act of theft.

Question 27

What is the significance of the case of R v. Dawson and James (1976) in relation to the element of immediate presence in robbery?

Answer 27

In R v. Dawson and James, the defendants robbed a victim who was standing by an open window, several feet away from them. The court held that the immediate presence requirement in robbery is satisfied if the victim is aware of the theft and in close proximity to the stolen property, even if physically separated. This case expanded the concept of immediate presence to include situations where physical proximity is not necessary, but the victim's awareness is sufficien

Question 28

Discuss the elements of theft under English law, referencing relevant cases to illustrate their application.

Answer 28

In order to analyze the elements of theft, one must consider appropriation, property, belonging to another, dishonesty, and the intention to permanently deprive. For example, the case of R v. Velumyl (1989) established that the intention to replace stolen property does not negate the dishonest appropriation. Furthermore, the case of R v. Hinks (2000) expanded the concept of appropriation by recognizing situations where consent is overridden due to exploitation or undue influence.

Question 29

Explain the concept of burglary in English law and discuss the significance of the cases of R v. Collins (1972) and R v. Walkington (1979) in determining the scope of "entry" and "part of a building" respectively.

Answer 29

Burglary involves unlawfully entering a building or part of a building as a trespasser with the intention to commit theft, GBH, or unlawful damage. The case of R v. Collins expanded the interpretation of "entry" by including partial entry, as demonstrated by the defendant's entry through a hole in the roof. On the other hand, R v. Walkington clarified that a specific area within a larger building, such as a changing cubicle in a department store, can be considered "part of a building" for the purposes of burglary.

Question 30

Discuss the element of force in robbery under English law, citing relevant case law examples such as R v. Clouden (1987).

Answer 30

Robbery involves the theft of property from a person or their immediate presence using force or the threat of force. The case of R v. Clouden established that even minimal force, such as a snatch or pull, can satisfy the force element in robbery. It clarified that force need not be substantial, but rather any force used in the act of theft suffices to meet the requirements of the offense.

Question 31

Analyze the concept of immediate presence in robbery law, making reference to the case of R v. Dawson and James (1976) and its impact on the understanding of immediate presence.

Answer 31

Immediate presence in robbery refers to the proximity of the victim to the stolen property. The case of R v. Dawson and James expanded the concept of immediate presence by recognizing that physical proximity is not always necessary. Instead, the victim's awareness of the theft and their close proximity to the stolen property, even if physically separated, can satisfy the immediate presence requirement. This case broadened the understanding of immediate presence beyond physical proximity.

Question 32

Evaluate the defenses available in theft law, considering relevant case examples and their impact on the defense landscape.

Answer 32

The common defenses to theft include a claim of right, consent, and the absence of dishonesty. The case of R v. Velumyl clarified that an intention to replace stolen property does not negate the dishonest appropriation. Additionally, the case of R v. Hinks expanded the understanding of appropriation by recognizing situations where consent is overridden due to exploitation or undue influence. These cases highlight the significance of consent and honest belief in the defense landscape of theft law.