Robbery

Question 1

Definition of Robbery

Answer 1

steals
immediately before or
at the time AND
in order to do so
uses force or
seeks to put any person in fear of being
then and there
subjected to force is guilty

Question 2

what needs to be complete in order for robbery

Answer 2

theft
no theft = no robbery

Question 3

Robbery:
theft can be a continuing offence
true or false?

Answer 3

true.
it doesnt stop when D picks up the possession
it can be in the course of appropriation
BUT
robbery isnt complete if force is only used to make good D’s escape

Question 4

Blackmail:
Definition…

Answer 4

The Theft Act 1968, s. 21 states:

(1)
A person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief—

(a)
that he has reasonable grounds for making the demand; and

(b)
that the use of the menaces is a proper means of reinforcing the demand.

(2)
The nature of the act or omission demanded is immaterial, and it is also immaterial whether the menaces relate to action to be taken by the person making the demand.

Question 5

Blackmail:
does theft need to be complete in order for Blackmail to be complete?

Answer 5

No

Question 6

Robbery:
force needs to be on a person
true or false?

Answer 6

false.
force can be used on an object which will immediately be connected to the victim OR a conscious 3rd party

Question 7

blackmail:
describe gain/loss

Answer 7

1. can be money OR property
2. gain/loss can be temporary or permanent.
3. gain - includes D keeping what he has as well as taking what he has not
4. loss - includes V not getting what they might get as well as V parting with what is theirs
5. sexual favours are not included as this is not money or property.

Question 8

Robbery:
fear of force - explain

Answer 8

force needs to be towards him/herself.
if force is used or threatened towards another person (who is UNAWARE) of the threat then this is NOT robbery. it is blackmail.

this changes when the 3rd party becomes aware of the fear of force against them. e.g. a 2 month old will not be aware of threats towards them.

Question 8

Robbery:
then and there - explain

Answer 8

the force/fear of needs to be immediate. even by minutes later this would change to blackmail.

Question 9

blackmail:
when is the offence complete?

Answer 9

when the demand with menace is made.

Question 10

blackmail:
menace - describe

Answer 10

the menace needs to be specific for the victim

threats/words/conduct

threats need to be enough to influence a person of reasonable mind to comply

Question 11

blackmail:
the victim needs to believe/be in fear of the threat/menace - true or false?

Answer 11

false.
if V doesnt believe the menace, if the menace would cause a person of reasonable firmness to be influenced by the menace blackmail is complete.

Question 12

blackmail:
what are the defences which may arise?

Answer 12

that the D believed they had reasonable grounds for the demand AND that the menace was a “proper” means to reinforce their demand

its about proving D’s belief in their menace and entitlement to the property.

Question 13

Handling Stolen Goods
Definition

Answer 13

The Theft Act 1968, s. 22 states:

(1)
A person handles stolen goods if (otherwise than in the course of the stealing) knowing or believing them to be stolen goods he dishonestly receives the goods, or dishonestly undertakes or assists in their retention, removal, disposal or realisation by or for the benefit of another person, or if he arranges to do so.

Question 14

Aggravated Burglary
Definition?

Answer 14

Burglary + WIFE

WEAPON
IMITATION-
FIREARM
EXPLOSIVE

nb. fireworks are not explosives. Explosives are only items which are intended to explode causing harm. Fireworks are “for amusement”

Question 15

Agg Burglary:
True or False -
It doesn’t matter if D knew they had WIFE on them?

Answer 15

False.
Liability depends on knowledge of WIFE.

Question 16

Agg Burglary:
Agg Burglary is committed only if D intended to use the WIFE?

Answer 16

False.
Simple possession of WIFE when committing burglary amounts to agg burglary

lawful authority or reasonable excuse in relation to possession of offensive weapon do not apply in agg burglary

Question 17

Fraud
Definition?

Answer 17

The Fraud Act 2006 provides a general offence of fraud which can be committed in three ways (by false representation, by failing to disclose information and by abuse of position). It also deals with offences of obtaining services dishonestly and possessing, making and supplying articles for use in fraud. In addition to the offence of fraud, there is a series of closely related offences which deal with the falsification of documents or other ‘instruments’.