Robbery Flashcards
How should we go about robbery?
-completed theft.
-Force (dawson and james).
-Force used at the time of stealing (cocain and anterton, r v clouden) (other than hale/ lockley)
-Mens rea has already been dealt with.
What section is robbery?
S8
What is the introduction for robbery?
-indictable offence with a discretionary life sentence.
What needs to be established first?
- a completed theft- R V Robinson
What needs to be established after a completed theft?
Whether there has been force:
-R V Dawson and James- force is an ordinary word up to the jury to decide
What needs to be established after force?
-Whether force has been used immediately before or at the time of the theft
-it is irrelevant if the v is aware of the force
-R V Clouden
-R V Cocain and Anderton
R V Clouden?
-Force on the basket was essentially force on the V because they were holding it.
R V Cocain and Anderton? (coke)
The D does not have to be successful in obtaining the goods- just the min force is used.
What are the exception cases to force using immeadiatley before or at the time of the theft?
R V Hale, R V Lockley- define robbery as a continuing act.
R V Hale
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.
R V Lockley
-Security caught D shoplifting.
-Force on security to escape..
-Force has to be used to steal- continuing act
What is the mens rea of robbery?
-the means rea of theft.
