Robbery Flashcards
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 force on a person
- Or he puts or seeks to put any person in fear of force.
What must be present for a robbery (and gone through first in an exam)?
-A completed theft.
Why was R V Robinson not a completed theft? (LR)
-Genuine belief he had the right to the money owed.
What is the mens rea of robbery?
-The mens rea of theft.
Which case defines force?
R V Dawson and James (1976)
R V Dawson and James (1976) (BG)
force is an ordinary word and its for the jury to decide if there has been force
Which cases establish whether there has been a completed theft?
Cocoain V Anderton (1980)-
R V Clouden (1987
R V Clouden (1987) (cloud basket)
Force on the basket was essentially force on the V because she was holding it.
Cocoain V Anderton (1980)- (coke)
The D does not have to be successful in obtaining the goods- just the min force is used.
What did the law committee decide on force? (sailing boat)
-Not robbery unless there is resistance.
What section is robbery?
S8
Maximum sentence for robbery?
-Life imprisonment.
Who is force about?
The D- it is irrelevant if V notices threat.
-Is the D using force or threatening it in order to steal.
Which cases define robbery as a continuing act?
- R V Hale (1987).
- R V Lockley (1995)- clarifies hale.
R V Hale (1987). (hale and her pearls)
-Two D’s broke into a woman’s home and took jewellery from bedroom
They tied her up AFTER.
- Appealed as it was after the theft.
- The appropriation of the jewellery was a continuing act.
