Robbery Flashcards
Type of offence + max sentence
Specific intent + indictable
Life
Definition of robbery
A person will be guilty of robbery if they steal and immediately before or at the time of doing so, he uses force on any person or puts or seeks to put any person in fear of being subjected to force
Tests for robbery
1 steals
2 uses force or threat of force
3 immediately before or at time
4 on any person
5 in order to do so
6 intention to steal
7 intention to use force
steals
completed theft - do not need to get away - Corcoran v Anderton
Force + cases
needs to be on a person - P v DPP + can be small
justling is not force - Dawson + James
Threat of force + cases
V does not need to know of this threat
threat does not need to be real - Bentham
immediately before or at time of theft
Can use continuing act theory - Hale + confirmed in Lockley
In order to do so
force or threat needs to be used to steal
On any person
does not have to be the person stolen from
Dishonesty S.2 + case
S.2 - not dishonest if:
Thought had legal right - Robinson
thought D would let them
Could not find owner through R steps
Ivey tests
Ds knowledge as to the facts
Ds standard of conduct dishonest to ordinary decent perosn
+ dishonest to RM
Intention to application/threat of force
Intend to apply or threaten force