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Summary Problem Solving Lecture Notes
- Institution
- Lancaster University (LU)
This document provides information on how to tackle solving problems.
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Problem Solving SeminarRead the problem below and prepare & devise a detailed plan for a problem answer that
includes the following elements:
○ Identifies the issues (the offences and defences raised by the facts of the problem);
○ Identifies any “issues within the issue” raised by the facts of the problem that require
more detailed consideration;
○ Identifies relevant authorities (statutory & case-law);
○ Indicates how much detail regarding those authorities should be included in your
answer;
○ Consider whether/how the authorities apply to the facts given in the problem.
Problem Question
Neil has a date with Melissa tonight and wants to surprise her with some very expensive
alcohol. He decides to go to a local newsagent to steal some alcohol from there. He can see
the alcohol sitting behind the counter. He waits until the shopkeeper goes into the storeroom at
the back of the shop and sneaks in.
Neil manages to get behind the counter, however as he reaches for the bottle, the shopkeeper
comes out and catches him in the act. He shouts at Neil and threatens to call the police.
Neil picks up the bottle and hits it hard on the shopkeeper’s head. The shopkeeper requires
several stitches to stop the bleeding. Angry at being caught, Neil picks up several
chocolate bars and walks out.
Advise Neil as to his criminal liability for burglary, if any. You may wish to refer to the example
on burglary in the lecture and the Guide on the Requirements of Burglary.
Theft Act 1968, S.9 (1)(a)
Actus Reus
○ Actus reus is the conduct element and, put simply, is what the defendant has done to
make them criminally liable
○ The scenario states that he ‘entered’ the shop, satisfying that element of the actus reus
- R v Ryan
○ ‘Behind the counter’ of the local newsagent would be ‘part of a building’ - R v
Walkington
○ He is a ‘trespasser’ behind the counter as he has no authorisation from the shopkeeper
to be there. This would classify as entry in excess of authority - R v Jones & Smith
○ These facts collectively make up the actus reus of Section 9 (1)(a) of Theft Act 1968
Mens Rea
○ Mens Rea is the state of mind the defendant must have at the time they committed the
actus reus
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