Robbery

Question 1

Robbery

Answer 1

Theft accomplished by means of personal violence (or indimidation).

Appropriation is always by TAKING. Any violent removal of the object from the person or the person’s possession /care.

Any degree of violence is sufficient to convert theft to robbery provided that it is used with intent to steal.

“the unlawful taking of property in opposition to the will of another in whose personal charge it is. There need not be violence applied to the person. It is sufficient if there is such conduct as causes reasonable fear of immediate bodily injury. It must be sufficient to overcome not merely passive but active and voluntary resistance. Violent conduct producing reasonable fear of coercion or bodily injury in consequence of which teh owner or custodier submits to having the property taken from him is sufficient to constitte the crime. (Cromar v HMA)

Vioence must be used with intent to steal.

The violence has to precede or be contemporaneous with the theft. - not robbery if the violence is afterwards - that is theft and assault.

If there is a distinct assault preceding the violence involed in the actual act of taking, the charge may be one of assault and robbery - ie aggravated robbery.

Question 2

Robbery cases - need to check them all as from others notes

Cromar v HMA
Harrison v Jessop
HMA v Compton
O'Neill v HMA
Cameron v HMA

Answer 2

individual grabbed man’s bag containing money, held onto his bag until the strapps snapped, accused appealed to say it wa theft not robbery (failed)

Harrison v Jessop - landlord let out property to make a business, renters did not keep payments, landlord locked premises and took money from till -robbery.

HMA v Compton - accused charged with assault, attempt to rape and rob her. Woman offered money to stop, theft not appropriate, money not connected with initial intent.

O’Neill v HMA - assaulted woman, took handbag, convicted of robbery - appeal not enough evidence for robbery - convicted of robbery

Cameron v HMA - priacy, fishing crew left in aberdeen, had disagreement, some members left and others took the boat - convicted of piracy.