Paper 1: robbery

Question 1

s.8(1) Theft Act 1968

Answer 1

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

Question 2

Cocoran v Anderton (1980)

Answer 2

Even though D never had sole control of the bag, this was deemed to satisfy theft; the tugging of the bag was force, so robbery

Question 3

Two parts of force

Answer 3

1) Use of force

2) Putting or seeking to put any person in fear of being subjected to force

Question 4

Dawson and James (1976)

Answer 4

Convicted of robbery, CA held that ‘force’ was an ordinary word and was for the jury to decide

Question 5

R v Bentham

Answer 5

It was clear that D was guilty of robbery as he had sought to put V in fear of being then and there subjected to force. Robbery is committed even if the victim is not actually frightened by D’s actions or words

Question 6

B and R v DPP (2007)

Answer 6

There could be an implied threat of force, force was used in holding the victim arm and pushing him

Question 7

Hale (1979)

Answer 7

CA upheld their convictions: force when placed hand over V’s mouth. The court decided that appropriation was still continuing when the occupant was tied up. The court stated that appropriation was a continuing act and the jury could decide when the theft was complete

Question 8

R v Lockley (1995)

Answer 8

Appeal was dismissed, force was used in order to escape is treated as force used in order to steal