Problem Question: Criminal Law, No.9

Problem Question

Phil and Jill are walking down the main street of their hometown when Phil encounters Victor, who is getting out of an expensive car. Phil threatens Victor with a hammer, demanding the car keys. During a struggle, Victor drops the keys, which Jill then picks up and drives to a secret garage owned by Phil. Jill later demands £100 from Victor to reveal the car's location. Additionally, Phil and Jill visit a nearby hotel where Phil enters an open room but finds nothing of interest. Jill dons a cleaner’s uniform she finds in a cupboard, uses a pen to write a shopping list, and drinks a bottle of water marked as 'Complimentary: Please help yourself!'. Analyse the criminal liability of Phil and Jill for the property-related offences described.

Analysis

Phil’s Criminal Liability

1. Attempted Robbery

Phil’s actions can be examined under the offence of attempted robbery:

• Intention and More Than Merely Preparatory: Phil’s use of a hammer to threaten Victor indicates a clear intention to take the car by force. His actions were more than merely preparatory as he engaged in a direct attempt to commit robbery.

• Force or Threat of Force: Phil threatened to use force against Victor to obtain the car keys, satisfying the requirement for the threat of force.

• Robbery: Robbery involves the use of force or the threat of force to steal. Although Phil did not succeed in stealing the car (as Jill took the keys), his conduct satisfies the criteria for an attempt to commit robbery.

2. Burglary

• Trespassing into a Hotel Room: Phil entered an open room in the hotel but found nothing worth stealing. As he entered without permission, this constitutes trespass. However, since nothing was stolen, there is no further burglary charge for this specific act.

Jill’s Criminal Liability

1. Theft of Victor’s Car

• Dishonesty: Jill's actions demonstrate dishonesty as she knowingly took property that did not belong to her. She was aware the car keys were not hers.

• Appropriation: Jill appropriated the car keys by taking them and using them to drive the car to Phil's garage.

• Belonging to Another: The car and keys belonged to Victor, satisfying the requirement that the property must belong to another.

• Intention to Permanently Deprive: Jill’s act of taking the car, driving it away, and attempting to extract money from Victor suggests an intention to permanently deprive Victor of his car.

2. Burglary of the Cleaner’s Uniform

• Trespassing: Jill’s act of entering the cupboard where the cleaner’s uniform was kept constitutes trespassing. She was not authorised to enter that cupboard.

• Burglary: According to R v Walkington [1979], a person can be convicted of burglary if they enter a part of a building that they are not permitted to enter, even if they do not steal. Jill's act of entering the cupboard without permission and taking the uniform is sufficient for burglary.

3. Theft and Trespass in the Hotel Room

• Using the Pen and Drinking the Water: Jill used a pen and drank water marked as ‘Complimentary: Please help yourself!’:

◦ Theft: Jill’s act of taking the pen and drinking the water can be analysed under theft. The pen, despite its low value, and the water, though marked as complimentary, were not hers to take without permission. Thus, taking them can be considered theft.

◦ Burglary: Jill did not enter the hotel room with the intention of committing a crime (since she entered as a cleaner in disguise). The entry into the room was not considered as trespass in the context of burglary because Jill did not know she was entering as a trespasser. R v Collins [1973] indicates that there must be knowledge of trespass for it to constitute burglary.

Conclusion

Phil is criminally liable for attempted robbery due to his use of force or threats to take the car. Jill’s criminal liability includes theft of Victor’s car, burglary for taking the cleaner’s uniform, and theft for taking the pen and drinking the water. Jill’s entry into the hotel room does not constitute burglary as she did not enter as a trespasser with the intent to commit a crime.