Damien Domino: Conviction At Trial

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Damien Domino faces a number of allegations to which he has pleaded not guilty. I am asked to advise on the likelihood of conviction at trial. I will deal with each offence individually.

2. The first count on the Indictment is Theft contrary to section 1(1) of the Theft Act 1968 which is an offence against property. A person is guilty of theft if they dishonestly appropriate property belonging to another with the intention to permanently deprive the other of it. For him to be convicted of theft, the actus reus and the mens rea must be fulfilled which include appropriation, intention to permanently deprive and property belonging to another based on his actions. Appropriation is defined in s.3(1) Theft Act 1968 as including any assumption …show more content…

The second count on the Indictment is Attempted Burglary contrary to section 1(1) of the Criminal Attempts Act 1981. For him to be convicted of attempted burglary, the actus reus and the mens rea must be fulfilled which include where an act is more than merely preparatory and his intention. To prove whether an act is more than merely preparatory, the jury must ask themselves whether he was simply preparing to commit the offence, or had he gone on to do something more than merely preparatory to its commission. According to Moore v DPP [2010], it must be sufficiently close to the final act that it could, on the application of common sense, be properly regarded as part of the execution of the individual's plan to commit the intended offence. Damien can only be liable for an attempt if he acted with the intention of committing the main offence. Case law has made it clear that Damien can only be liable for an attempt if they act with the intention of committing the main offence. Recklessness as to the consequence is not enough. Damien’s intention was established when he tried to enter the house but only had partial entry. The evidence against him is on the 6th day of December 2017 attempted to enter a dwelling, namely 20 Routledge Street, as a trespasser with intent to steal therein. Based on the facts of R v Brown [1985] the critical question is had the entry been “effective”. To the court, “effective” means the defendant can steal, commit grievous body harm or Criminal Damage. However, it’s up to the jury to decide. The jury should be directed that, to convict, they must be satisfied that the entry was "effective". Also, based on the facts of R v Ryan [1996], partial entry is sufficient, and it was irrelevant whether he was capable of stealing anything. Thus, the Crown does not have to prove that the person was capable of stealing. Therefore, Damien Domino would be convicted of Attempted Burglary contrary to section 1(1) of the Criminal Attempts Act 1981 as he

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