Robbery Flashcards
How many elements of theft must be applied at the time of robbery to be proven?
All 5
-Dishonestly
-Appropiates
-Property
-Belonging to another
-with the intention to permanently deprive them of it.
If violence has been used to obtain a bike but there was no attempt to PERMANENTLY deprive the person of it, has robbery been committed?
No - because there was no ‘theft’
If violence has been used to obtain a bike and the bike was later ABANDONED has robbery been committed?
Yes
The intention to permanently deprive occurred by ABANDONING it (BREAKS) and violence was used to obtain it.
What is robbery triable on?
Indictment only.
Force or threat of force must be used IMMEDIATELY before or AT the time of theft
True or false?
True.
The use of force or threat of force must be used immediately before or at the same time as the theft.
If somebody snatched your phone from your hand without force and then pushed you over to make good on their escape, has robbery been committed?
NO
The use of force must be applied immediately before or during the theft.
If at the end of a fight, as an afterthought, a suspect sees an opportunity to take an item of property from the other person they have injured in the fight, is that robbery?
No
This is assault and theft.
The use of force must take place in order for the theft to be carried out. True or false?
True
The threat or use of force can be against ANY person in order for the robbery to take place. True or false?
True
Can someone be put in fear for somebody else?
No somebody cannot be put in fear of somebody else being hurt. But somebody else can be placed in immediate threat of force for a robbery to be carried out
Points to prove?
4
A person who,
1. Steals
2. Immediately before or at the time
3. In order to steal
4. either;
Uses force on any person, or,
Puts or seeks to put any person in fear of being there and then subjected to force.
If a victim is not intimidated by the suspects threat of force, is it still enough to prove robbery?
Yes. It is enough that the suspect put them in fear of them and there being subjected to force.
If somebody said give me your phone or next week il burn your house down. Is this robbery?
NO. The threat or use of force must be immediate, or immediately before.
