Robbery Flashcards

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1
Q

How should we go about robbery?

A

-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.

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2
Q

What section is robbery?

A

S8

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3
Q

What is the introduction for robbery?

A

-indictable offence with a discretionary life sentence.

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4
Q

What needs to be established first?

A
  • a completed theft- R V Robinson
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5
Q

What needs to be established after a completed theft?

A

Whether there has been force:
-R V Dawson and James- force is an ordinary word up to the jury to decide

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6
Q

What needs to be established after force?

A

-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

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7
Q

R V Clouden?

A

-Force on the basket was essentially force on the V because they were holding it.

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8
Q

R V Cocain and Anderton? (coke)

A

The D does not have to be successful in obtaining the goods- just the min force is used.

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9
Q

What are the exception cases to force using immeadiatley before or at the time of the theft?

A

R V Hale, R V Lockley- define robbery as a continuing act.

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10
Q

R V Hale

A

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.

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11
Q

R V Lockley

A

-Security caught D shoplifting.

-Force on security to escape..

-Force has to be used to steal- continuing act

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12
Q

What is the mens rea of robbery?

A

-the means rea of theft.

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