Chapter 15- Robbery Flashcards
what does the Theft act state about Robbery and which section does it cover
Section 8-
the person is guilty of robbery if they steal while either subjecting the person to force or threatening them to it.
what are the 2 elements of actus reus
-theft
-giving force or having the intention to do so
what is the law “on any person”
This means that force can apply to not just the victim but other people present as well
give an example case of where force was applied immediately before the theft
R v Hale
The defendant used force on the victim in order to get her jewelry right after.
what are the 3 elements of mens rea of robbery
-permanent deprivatiton
-dishonesty
-intention to use force to get the property
what are the 3 categories for sentencing robbery
-street and less sophisticated commercial
-professionally planned commercial
-dwelling
mention 2 points of elements of theft when evaluating robbery
-appropriation can be considered as a continuing act
-a person is guilty even if appropriation had occurred before any force was given
Mention 2 points on level of force when evaluating robbery
-there may be issues when deciding what was the level of force when it was minimal
-accidental force to someone else and not the victim does not count as robbery
Describe the case of R v Lockley on level of force and why it was difficult for the jury to make a decision
-The defendant was stealing some cans of beer and the shop owner caught him. The defendant used force on him to escape and act of appropriation was considered a continuing act. The jury had to decide whether the theft was complete before the use of force or after
Describe the case of Corcoran v Anderson
A man hit a woman’s back and tugged at her bag. She dropped her bag and let go of it. The man ran off with it and the theft was complete hence, he was guilty.
