robbery Flashcards
robbery
indictable offence meaning it is triable on idcitment in crown court
more serious than theft
life imprisonment sentence max
section 8 theft act 1968- ‘person is guilty of robbery if hesteals and immediately before or at the ame time of doing so and in order to do so he uses force on any person or sees to put them in fear being then and there subjected to force’
mens rea
d must have mens rea for theft
must be dishonest and intend to permanently deprive
d must intend to use force to steal
complete theft is needed
corcoran v anderton 1980
d hit woman in back and tugged bag
let go of bag and it fell to ground
d ran off without it because woman screaming attracting attention
theft complete as woman let go of bag
robbery complete
f not let go there would be attemtped theft and attempted robbery
dawson and james
force or threat of force
one d pushed victim causing lose balance enabled other d to take wallet
found guilty
threat of force
robbery- d seeks to put person in dear of force not necessary force applied
covers words or gestures
does not have to be on victim of theft
hale 1979
d knocked on womans door and forced way in
one put hand over mouth tostop screaming while other went upsatirs see what they could take- jewlerry box
tied up woman before left
already been force when hand over mouth
theft ongoing so tying up could also be force
lockley 1995
d caught shoplifting cans of beer
d used force shopkeeper who tried stop him escaping
theft complete when used force
but theft seen ongoing
mens rea
dishonest and intend to permanently deprive the other of property
intention to use force to steal
actus reus
appropriation, property, belong to another
force seeking to put person in fear of force
condition of force- immediately before or at time of theft
force in order to steal