1B Robbery

Question 1

What act and section defines robbery?

Answer 1

s.8 Theft Act 1968

Question 2

What does s.8 Theft Act 1968 say?

Answer 2

“A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses the force on any person or puts or seeks to put any person in fear of being then and there subjected to force.”

Question 3

Equation for robbery

Answer 3

Robbery = theft + force

Question 4

AR of robbery

Answer 4

Theft- s3 appropriation, s4 property, s5 belonging to another

Force or putting/seeking to put any person in fear of force immediately before or during the theft.

Question 5

MR of robbery

Answer 5

Theft s2 dishonesty, s6 intention to permanently deprive

Intention to use force to steal

Question 6

Elements of the AR of robbery

Answer 6

Completed theft

The use of force

Threat of force

Force immediately before or at the time of the theft

Question 7

Define completed theft

Answer 7

Even if there is an element of force in an interaction, it can only be robbery if a completed theft has taken place.

Question 8

Ratio of R v Zerei

Answer 8

D had his conviction quashed on appeal as the trial judge had not drawn the distinction between the intention to permanently deprive and the taking of a possession which merely deprived the owner for a short period of time.

Question 9

Ratio of Corcoran v Anderton

Answer 9

Theft was complete when she let go of the bag. D does not need to succeed in ‘getting away with the property’.

Question 10

Define the use of force

Answer 10

If the prosecution based robbery on force, they do not need to convince the jury as to the seriousness of the amount of force as minor force is enough.

Question 11

Ratio of R v Dawson and James

Answer 11

Robbery convictions were upheld where the V was nudged by the D’s forcing him to lose balance in order for his wallet to be stolen.

Question 12

Ratio of R v Clouden

Answer 12

The victim’s bag was snatched from her grasp. This was seen to be using force as there was contact between the V and D.

Question 13

Ratio of RP and others v DPP

Answer 13

The High Court allowed the appeal stating that no more force was used than that of removing an item from a pocket.

Question 14

Define threat of force

Answer 14

No contact needs to have occurred, threat is enough.
Intention to frighten the victim is enough, the victim doesn’t need to feel frightened.

Question 15

Ratio of B and R v DPP

Answer 15

On appeal the D’s convictions for robbery were upheld on the grouns that:
a) there was no need to show that V felt threatened

b) there could be an implied threat of force in surrounding V

c) in THIS case there was some force in holding the V’s arms and pushing him

Question 16

Ratio of Hale

Answer 16

D’s who tied up the victim after stealing her jewellery box were considered to be guilty of robbery as the theft was considered to be ongoing.

Question 17

Ratio of Lockley

Answer 17

The CA followed the decision in Hale and found D guilty

Question 18

Ratio of R v Forrester

Answer 18

D must also intend to use force to steal such that if D accidentally uses force whilst stealing there would be no robbery.