Robbery Flashcards
Where is robbery defined
section 8 of the theft act, 1968
what must it be shown
That person steals and immediately before at the time doing so in order to do, so he uses force on any person or put or seeks to put any person in fear of being then and their subjected to force
If there is not a complete theft, can there be a robbery?
case
no
robinson
How is theft defined according to section one of the theft act
Dishonestly appropriating property belonging to another with an intention to permanently deprived all elements of the offence must be present
corcoran v anderson
when the force has been applied to allow the defendant to steal, then it becomes a robbery
if the test is not complete what the defendant be charged with
An attempted robbery
what must the prosecution be able to prove?
The force or threat of force immediately before, or at the time of the theft in order to steal
dawson
Force is an ordinary word with its ordinary meaning
b and r v dpp
They were forces enough, and it could be on any person. In addition, the victim does not have to be scared it’s sufficient that the defendant sought to put them in fear of force.
when must force be used?
Immediately before, or at the time of the theft
hale
As appropriation is a continuing act that it is for the jury to decide whether the force has been used at the time of the theft
s.2(1)a-c
 gives three situations where the day will not be dishonest.
If he honestly believes he has the right to deprive
he would have the other consent
or the owner cannot be discovered.
small
these must be genuine beliefs
if the jury isn’t satisfied with s.2(1)a-c
The IV test will be used ivey v Genting. This is an objective test.
section 6 states intent to deprive is where
Intends to treat the thing as his own to dispose of or dealing with the property
