Discuss Roz’s possible criminal liability for property offences in relation to Dale’s house and his watch. [25 marks] http://filestore.aqa.org.uk/subjects/AQA-LAW04-QP-JUN15.PDF

1st potential offence is burglary, can be spotted by Roz's entrance into Dale's house. Would have to outline burglary, stating the act it is defined by (s9 Theft Act 1968). Would have to satisfy the requirement of 'entry', 'into a building' and 'as a trespasser'. Then would address intent, need intent or to be subjectively reckless to for burglary (Roz will be reckless as thought it was her own house) then address s9(1)(a) intent at the time of entering the building' and s9(1)(b) 'intention gained after having entered the building'. Would be intention after having entered. Will most likely be guilty of burglary. Would also be theft in relation to the watch. Theft Act 1968. Discussing 'appropriation' (has appropriated even though only for a short time), 'property'(comes under personal property), 'belonging to another' (in Dale's house so Dale is in possession or control of it), then the Mens Rea which involves 'dishonestly' (Roz clearly dishonest as intention to steal) and 'with the intention to permanently deprive the other of it' (scenario states 'initially decided to keep it' so there is intention). Roz would most likely be guilty of theft. May have defence of duress. Initially make clear it would be defence by threats as there is a specific threat to Roz rather than the circumstances being threatening. Threats to whom would be first issue, threats to family are covered by duress. Then address subjective and objective tests of duress. Would show she has no safe avenue of escape as she is being watched. Address imminence of the threat, no specific words in scenario saying it is imminent so should mention this. The threat is to commit a specific offence of stealing values so this is satisfied.No issue of intoxication and duress. Potentially is self-induced duress as Roz has associated herself with a violent criminal and owes him money. Most likely wouldn't be able to use duress.