Criminal law — Robbery

Question 1

Where can robbery be found?

Answer 1

s.8(1) of the Theft Act.

Question 2

What is the actus reus of Robbery?

Answer 2

s.1 Appropriating, s.2 Property, s.33 Belonging to another plus;
- Use of force; or
- Putting or seeking to put a person in fear of subjection to force
- In order to steal immediately before or at the time of stealing

Question 3

What amounts to force of threat or force?

Answer 3

Force or threat of for should be noticeable — though not necessarily to the victim. Dawson and James (1976)

Question 4

What is the men’s rea for theft?

Answer 4

s.2 Dishonesty, s.6 Intention to permanently deprive plus;
- Intention or recklessness as to the use of or threat of force

Question 5

R v Zerei

Answer 5

Taking a car with force. Force was not enough to show intention to permanently deprive on its own.

Question 6

Corcoran and Anderton (1980)

Answer 6

D’s ran off without the bag that they had grabbed. Robbery had occurred at the point of the “appropriation” even when item not kept,

Held—. still robbery.

Question 7

Dawson and James (1976)

Answer 7

D’s stood around V and “jostled” him, causing V to lose balance so that his wallet could easily be taken.

POL: “force” is an ordinary word - it was for the jury to decide what amounted to force. In this case being nudged was enough.

Question 8

B & R v DPP (2007)

Answer 8

It does not matter if the victim was is fear so long as it was D’s intention to put them in fear.

Question 9

Clouden (1987)

Answer 9

Force need not be direct - in this case force was exerted on the victim’s bag

Question 10

Bentham (2005)

Answer 10

In the course of a robbery he D had held his finger in his pocket to suggests he was pointing a gun at the victim. He appealed against a conviction for an imitation firearm.

Held— not necessary for the threat to be real so long as it is intended to cause fear.

N.B The threat can be on any person - not necessarily the person from whom which the items is stolen

Question 11

Hale (1978)

Answer 11

Burglars entered a house, took a jewellery box and ten tied up the owners. Court decided the theft was continuing act and therefore the force was at the time of the theft.

Question 12

What connection must there be between the force and the theft?

Answer 12

The force or threat must be used in order to steal, if used to commit another offence (rape) it’s not robbery.

Question 13

P v DPP

Answer 13

D snatched a cigarette from V’s hand without touching V in anyway. It was held that as there was no direct contact there was no robbery.