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32 Cards in this Set
- Front
- Back
Collister v Warhurst
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Held: A demand can be implied, as well as express.
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Thorne v MTA
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Held: Menace has a wide meaning. It can include threats of any action detrimental or unpleasant to the person addressed.
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R v Clear
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Held: Something is a menace if it is an influence on an ordinary person's mind or makes them apprehensive.
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R v Harry
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Held: Not a menace if no-one would be intimidated.
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R v Garwood
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Held: There can be a menace where an ordinary person would not be affected but the victim would be affected.
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R v Lambert
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Held: The test for 'unwarranted demand' is subjective.
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R v Harvey
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Held: The demand won't ever be proper and warranted if the means used are illegal. 'proper means' provides objectivity for the courts to decide the claim.
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R v Robinson
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Held: There can be no robbery without a theft.
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Corcoran v Anderton
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Facts: Didn't have control over the handbag as the woman screamed and held on.
Held: This was irrelevant. They had still assumed sufficient control that amounted to appropriation. |
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R v Dawson & James
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Facts: A mere nudge was deemed sufficient force.
Held: No physical violence is necessary. |
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R v DPP
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Held: All that is required is the expectation of force. No fear is necessary.
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R v Clouden
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Held: Force can be applied indirectly through an object.
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R v Taylor
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Facts: The threat was written on a note and not spoken aloud. Handed to the clerk who was behind a glass partition.
Held: There was no fear for the cashier's own safety and no fear of anyone else in the post office. No robbery. |
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R v Donoghy & Marshall
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Facts: Threatened cabbie with a gun, then stole $22 but did not repeat the threat.
Held: It is for the jury to decide whether the threat of force is still operating. |
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R v Collins
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Facts: Man climbed up a ladder and the girl, assuming he was her boyfriend, invited him in.
Held: Was he exceeding permission as a trespasser? |
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R v Ryan
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Held: 'Entry' is a question of fact for the jury to decide. Based on evidence.
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Old Common Law Position on 'Entry'
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- Any part of the body, however small.
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Stevens v Gourley
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Held: Must be a structure of considerable size and intended to endure for some time.
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B&S v Leathley/Norfolk Constabulary
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Contrasting cases.
B&S: Walk in freezer in place for 3 years = building. Norfolk: Storage lorry on wheels held not to be a building. |
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R v Walkington
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Held: A counter area on wheels was held to be 'part' of a building.
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R v Jones & Smith
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Held: Boy breaking into his father's house was still exceeding permission, despite the fact he thought he had a right to be there.
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Barker v R
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Held: A man was exceeding permission when he sold all the furniture in the house, as he only had permission to feed the cat.
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A-G's Reference (No 1&2 1979)
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Held: It doesn't matter is the intention cannot be carried out, as long as you have the MR for burglary on entry.
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R v Jenkins
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Held: You do not necessarily need the MR for GBH or Theft to be guilty of a s9(1)(b) offence.
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R v Laing
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Held: Whatever the offence, D must be a trespasser on entry to be guilty of s9(1)(a).
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R v O'Leary
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Held: You must have the prohibited item on you at the time you commit burglary for it to be aggravated. s9(1)(a).
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R v Stones
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Held: Intention to use the item in the burglary is not required. You only have to prove intention if it would not normally be a weapon of offence.
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R v Kelly
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Held: Used a screwdriver to break into a house. Once inside, she then stabbed the house owner with it and stole a TV, making it an aggravated burglary. Intention is not essential.
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R v Savage/R v Parmenter
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Held: MR for a s20 OAPA 1861 is satisfied if the defendant be reckless as to causing 'some harm'. Bring in (R v Jenkins).
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R v Saunders
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Held: MR for a s18 OAPA 1861 is that D intends 'serious harm'
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Test for Legal Causation
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R v Pagett/R v Smith - Is D an operating and substantial cause of the victim's injuries?
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Test for Factual Causation
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R v White - The 'But for' test. But for D's actions, would the victim have suffered the injuries?
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