Robbery Flashcards
What is stated in S.8 Theft Act 1968?
Robbery is theft aggravated by the use of or threat of force
What statute is robbery defined in?
Section 8 of the Theft Act 1968
What is the actus reus of robbery?
The defendant committed the theft, while using or threatening force against any person, immediately before or during the theft in order to commit it
What was held in R v Walters?
The conviction of robbery was quashed due to no intention to permanently deprive
What was held in Corcoran v Anderton?
The theft was complete, as the appropriation had taken place, so the defendants were also convicted of robbery
What was held in R v Dawson and James?
Convictions were upheld as ‘force’ is an ordinary word and is up to a jury to decide whether force was used
What was held in R v Clouden?
Snatching a basket from the lady was held to be a use of force
What was held in P v DPP?
The defendant snatched a cigarette from the victims hand. The defendant was not guilty of robbery as they had not touched the victim in any way
What was held in R v Bentham?
The defendant imitated possessing a firearm to provoke fear and commit the theft, so the House of Lords found him guilty
What was held in B and R v DPP?
Even though the victim did not actually feel threatened, the divisional court found the defendant guilty
What does the word ‘any’ imply in relation to a ‘threat or use of force towards any person’?
The person who is threatened does not actually have to be the victim
What was held in R v Hale?
The theft was ongoing as they gagged the victim and left the house.
Appropriation was held to be a “continuing act”.
Who, in R v Hale, stated that appropriation was a continuing act?
Eveleigh LJ
What is the mens rea of robbery?
The defendant:
- Must have the mens rea for theft
- Must intend to use force or the threat of force to steal
Who suggested a reform of robbery?
Andrew Ashworth
