Robbery Flashcards
what section and act is robbery under?
s8 of theft act 1968
it is theft which is aggravated by the use of threat of force
what is the definition of robbery?
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, uses force on any person or puts/seeks to out any person in fear of being then and there subjected to force.
completed theft
all elements of theft must be present. if one is lacking, there is no theft so there is no robbery R v Zerei
what is a case example of no complete theft?
R v Waters , no intention to permanently deprive V of her phone so no robbery
when force is used to steal, then the moment the theft is complete there is a robbery
Corcoran v Anderton
amount of force can be small
R v Dawson and James , D pushed v then stole his wallet
the jury decides on whether there has been force
R v Clauden ,
guilty when applied force on bag that was wrenched from her hand
no touch, no force
P v DPP , snatched cigarette from V’s hand without touching, not guilty as no force
threat of force
it is not necessary force is applied, it can be threat of force that frightens the V
covers threatening words and threatening gestures
robbery committed even if v is not actually frightened
B and R v DPP , no need to show v felt threatened, D only has to seek to put person in fear, could be an implied threat of force
‘on any person’
threat does not have to be on the person from whom theft occurs
immediately before or at the time of theft
a bit ambiguous, how immediately before does it have to be?
no decided case on this point
is 24hrs immediately before? an hour before?
R v Hale
in robbery, theft held as a continuing act
using force to escape can still be at the time of the theft
R v Lockley
in order to steal
force must be in order to steal, force used for another purpose does not become robbery if D later decides to steal
