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Synoptic 2014 and Robbery
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Synoptic 2014 and Robbery

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  • 1. Common Term 3 Trespasser This element crosses both the AR & the MR! You visit Buckingham Palace and the Queen for tea. She says that you are allowed to wander about the dining room, but can’t go elsewhere. You wander into the throne room and accidently damage the throne. You are attending a tea party in Buckingham Palace’s garden, when Bob runs past you and pushes you through the window. You grab, and damage, the Queen’s portrait. You are on Buckingham Palace’s tour when you ask where the toilets are. On the way back, you think you are taking a shortcut and go through the Queen’s Bedroom, tearing the carpet en route. Have you committed a burglary in any of these situations? Collins 1972 Smith, Jones 1976 “ the person entering does so knowingly that he is a trespasser and nevertheless deliberately enters or at the very least is reckless as to whether or not he is entering the premises of another without the other’s consent.” What if you have permission to enter the place? Can you still be a trespasser? “when you invite a person in your house to use the staircase, you do not invite them to slide down the banisters.” Barker v R… Would they be liable for theft?
  • 2. Applying the Law: Problem Ann invites Bob, her new boyfriend, to her house. Ann’s dad tells him he is not allowed near her bedroom. While watching TV, Bob asks to go to the toilet. While upstairs he decides to go into Ann’s bedroom and destroy all evidence of her previous boyfriend. Has there been a burglary?
  • 3. Mens Rea of Burglary Knowledge or recklessness as to trespassing With intent to commit one of the ulterior offences That for: 1. s.20 GBH 2. Theft 9 (1)(a) 9 (1)(b) and Conditional Intent is enough Walkington ; AG’s Ref No1 & 2 of 1979
  • 4. Two Championship footballers have been charged with burglary in connection with the theft of items from a Portsmouth nightclub. Southampton Football Club striker Bradley Wright-Phillips, 23, and winger Nathan Dyer, 20, will appear before Portsmouth magistrates on 8 July. They were arrested in March over claims that items were taken from Bar Bluu nightclub, Southsea, on 28 February. Southampton FC has declined to comment on the case. Bradley Wright-Phillips, of Briton Street, Southampton, is the son of former Arsenal and England player Ian Wright and the half-brother of Chelsea and England player Shaun Wright-Phillips. Nathan Dyer, also of Briton Street, was a member of Southampton's youth team before playing for the Championship club. Staff members at the nightclub claim three mobile phones, £145 in cash, student cards and cigarettes went missing from three handbags. Police launched an investigation when a group of men were filmed on CCTV entering the unlocked staff room. The pair were charged after answering police bail at Portsmouth central police station. Footballers charged with burglary Applying the Law: 9 (1)(a) or 9(1)(b)? Entered? All or part of a building? Trespasser? Showing your learning: Applying the law (1/2)
  • 5. Showing your learning: Applying the law (2/2) D breaks into a mobile library and sets the books alight. D uses a JCB to remove an ATM machine [Richardson and Brown 1998] D breaks into a garden shed to steal power tools. The shed is 60 yards from the house [Rodmell 2011] D broke into a narrowboat and caused criminal damage. He was arrested in the icinty with a book from the boat. [Coleman 2013] D robbed a house. There was a skip outside and no evidence of anyone living there whilst it was done up. [Flack 2013]
  • 6. AO2: Evaluation Very wide definition, so it makes it easier to convict. D does not even be able to carry out the offence (Ryan) – it simply needs to be substantive. ...In the civil law, it means: “intentional, reckless or negligent entry into a building without consent of the occupier.” The professors debate whether the criminal should follow this. Currently the courts prefer Griew, and say that trespassing is a criminal term, and therefore does not include negligent action. The concept of the ulterior offences is confusing to the jury, and does not fit with the common understanding of ‘burglary’. There is no clear definition of what is meant, particularly the difference between a ‘dwelling’ and ‘non-dwelling’: vital to charging and sentencing It is currently a very technical definition e.g. No wheels. The mens rea in 9(1)(a) and 9(1)(b) are different, which seems odd, given the number of common terms... ... However they both require the intention and recklessness to trespass as the common basis. The differences reflect the two ways in which D may commit burglary, although they seem to put property over the person (GBH only!). ...However, the courts have been consistent in their application of the common law definition, which might be vague, but suits the current law. There is a lot of debate over this and quite what it means. It is currently very wide, and even applies when D might have been given permission (Jones, Smith) ...However, there has been some modernisation recently e.g. The removal of attempted rape under the Sexual Offences Act 2003 ...This may seem far too wide, and unfair given that D does not even have to be able to access the goods to be liable given the max penalty. There is no need for the entry to be effective . Match the halves to start your AO2!
  • 7. Quick guide to the synoptic… This paper is focused on pulling your knowledge of AS and A2 together to evaluate, apply and explore one area of the law. You will have the synoptic booklet in the exam. The majority of the marks are AO2 You must use the source booklet in support of each of your arguments or application.
  • 8. It will be on the importance or significance of one of these eight cases...  Dawson and James  Hale  Robinson  Collins  Brown  Ryan  Norfolk v Seeking and Gould  Walkington 15 minutes Examiner’s Tip: Identify the critical point of the case and link it to two other points… how has the law developed since? How did the case change the law? Relating it at least one other significant case. Question One 12 marks AO2 + 4 marks AO1 What do you have to do? Identify what the critical point of law from the case is (using the source) How far it confirms the prior law How far it changes the law (with reference to at least one other case).
  • 9. Sample Question & Answer: Discuss the contribution of the case of Dawson and James [Source 2] to the law on robbery
  • 10. Now, let’s model it…. Explain the extent to which the case of HALE [Source 3] represents a just development in the law on robbery. [16] Section: Proposed Content Importance of the case: Relationship to prior cases Relationship to following cases: Conclusion on ‘importance’ The approach: Step One; Turn to the source the case is in and see what information can help (the one before and the one after can also help!) Step Two: Identify what the case decided and why, including the impact on D Step Three: Consider how later cases have interpreted this one Step Four: Consider how the decision here relates to a previous case Step Five: Conclude, using the key words of the question.
  • 11. Now, try it for yourself… The approach: Step One; Turn to the source the case is in and see what information can help (the one before and the one after can also help!) Step Two: Identify what the case decided and why, including the impact on D Step Three: Consider how later cases have interpreted this one Step Four: Consider how the decision here relates to a previous case Step Five: Conclude, using the key words of the question. Examine whether the decision of the court in Brown created justice or injustice Briefly explain the uimportance of Norfolk v Seeking to the law on burglary.
  • 12. If you’ve got it... You should be able to mark it! This is the official mark scheme. Take care – general statements receive no marks.
  • 13. Can you find the following information? One of the keys to this paper is knowing where you can find the information you need. 1. Where will you find the definition of burglary? 2. Where will you find the facts of Hale? 3. Where will you find reference to uncertainty surrounding the term ‘building’ 4. Which two sources discuss the meaning of force? 5. Where will you find reference to the old law on robbery and burglary Source 6, lines 1-11 Source 3, Line 1-7 Source 5 lines 23-24 Source 1; Source 2 Source 2, lines 8-12; Source 5, lines 4-5
  • 14. Examiner’s Tip: You should be able to identify at least three points of application plus a case for each for high marks There will be at least one critical point (this the bit of law which jumps out at you when you read the question!) but you will need to also identify at least two other points. Question Three 30 marks – 20 AO2, 10 AO1 What do you have to do? This will consist of three short problem questions to which you need to identify the relevant aspects of law, and then apply it to the situation coming to a sensible conclusion. Remember that most of the relevant definitions will be the sources ...
  • 15. Answering Question 3
  • 16. Now you apply it! Carys invites David to have a drink in the motorhome in which she lives. While Carys is getting the drinks, David looks through the open bedroom door and spots her diamond watch lying on the bed. He goes in and takes the watch. [10] Introduction: Links to sources: Linked case(s): First Point: Second Point Third point and conclusion:
  • 17. Got it? Now try it from scratch… Introduction: Links to sources: Linked case(s): First Point: Second Point Third point and conclusion:
  • 18. Consolidating Source One Show your understanding….
  • 19. Lesson Challenge: Do you know your sources? 1. Where will you find the facts of Collins? 2. Where do you find reference to academic’s views of the law on theft? 3. Where do you find an example of distinguishing? 4. Where will you find the problems of entry in burglary being discussed? 5. Where do you find reference to reform to the law on robbery? 6. Which source(s) mention the law prior to the theft act? 7. Where do you find reference to the fact that theft for robbery is different to that for theft? 8. Where will you find reference to the ‘common sense’ of the jury? 9. Where do you find reference to the issue of trespassing? 10. Where will you find reference to an aspect of burglary which no longer exists?
  • 20. What’s the source?
  • 21. Starter: What’s the case? It wasn’t all white on the night. Bagsy mine! Noooooooo…. Your actions are heart wrenching You put your left arm in… can’t take your left arm out! One slightly used car only £500…it might look familiar Hands on. Hands up! That’s not a knife way to collect your debt. If only he’d walked into the right place… All of you should be able to decide whether they are robbery or burglary cases Most of you should be able to identify the case names or facts Some of you should be able to explain their legal importance.
  • 22. Sorting out Question One… Can you mix’n’match the cases to create a whole set of question one plans?
  • 23. How does it compare to the old law?  What similarities can you spot with the current law?  What differences can you identify? A Grade Development:  Do you think the courts are right when they say the old law was too technical?
  • 24. What’s the old problem?
  • 25. A Sample Essay Title: According to Lord Lawton “The object of the Act was to get rid of all the old technicalities of the law of larceny and to put the law into simple language… This is what happened in section 8 which defines robbery” [Source 2, lines 5-8] How far is this a correct statement of the law on robbery? [34]
  • 26. Examiner’s Tip: Focus on balance and reason in your answer, and make sure to identify the point of the question in your introduction You also need to be accurate and precise in your use of the source material. Time: 35 minutes (technically) around 50 Question Two 34 marks (16 AO2 + 14 AO1 + 4 AO3) It will be a question on ROBBERY or BURGLARY, and will use a quotation from one of the sources as a start. You should start your response by putting this quote into context: what is the source arguing? Why are they arguing it? You will need to look at what the law under the act is, and the difficulties that the judges have had in clarifying and interpreting this law. Really you are looking at whether the development of the law has been reasoned and consistent, or subject to change. The quote will identify a theme to focus on, and you should be referring back to this throughout. You will need to use a range of quotes from the source, and add your own knowledge to the 8 cases in the source (in other words look to use about 15+ cases)