Robbery Flashcards
What is the definition of Robbery?
A person commits robbery,
who steals
and immediately before or at the time of doing so
and in order to do so
uses force on any person
or puts, or seeks to put, any person in fear being THEN and THERE subjected to force.
What are the main points to prove for a person to be guilty of Robbery?
- ALL 5 ELEMENTS OF THEFT
-USES FORCE IMMEDIATELY BEFORE OR AT THE TIME OF DOING SO
OR
- CAUSES FEAR TO ANY PERSON THEN AND THERE OF BEING SUBJECTED TO FORCE
- Requires an unbroken chain of events between the force being used and the theft ( even though hours may have elapsed e.g a bank robbery that lasts hours will still be a robbery as the threat of fear isn’t removed)
What are the points to prove for ‘at the time of doing so’ in the offence of robbery ?
- The force was used AT THE TIME of appropriation
-The force or putting in fear, MUSTa be in oder to commit the theft. NOT to make good an escape after the theft was committed or anything else
What are the points to prove for ‘ uses force on any person’
- Force can be a mere nudge
- It is not necessary to show that a robber INTENDED to use force
- If force was recklessly applies then the robbery may still be complete
- A person must be capable of understanding or feeling fear
What category offence is Robbery? What is the maximum sentence?
Triable on Indictment only
Life imprisonment