Robbery

Question 1

Section and Act?

Answer 1

s.8 Theft Act 1968

Question 2

Definition of Robbery

Answer 2

“a person is guilty of robbery if he steals, and immediately before or at the time of doing so/in order to do so, uses force on any person or puts/seeks to put any person in fear of being subjected to force”

Question 3

AR of Robbery

Answer 3

1. must be a completed theft
2. must be a threat of force
3. must be a force immediately before or at time of the theft

Question 4

1. A completed theft

Answer 4

-appropriation
-property
-belonging to another

R V waters = snatched phone, D told V could have it back unless V’s friend spoke to him - no evidence to permanently deprive = no theft so no robbery

Corcoran V Anderson = hit woman in back, tugged at bag and ran off - theft complete = robbery

Question 5

R V Waters

Answer 5

snatched phone, D told V could have it back unless V’s friend spoke to him - no evidence to permanently deprive = no theft so no robbery

Question 6

Corcoran V Anderson

Answer 6

hit woman in back, tugged at bag and ran off - theft complete = robbery

Question 7

2. Threat of Force

Answer 7

must be connected to the theft DIRECTLY (otherwise theft +assault)

Dawson and James = amount of force can be small (only pushed)
and for the jury to decide whether there was a force..

confirmed in Clouden (D wrenched shopping bag from V)

P V DPP = has to be direct contact (snatched cig bit didnt touch)

Force can be on any person (e.g holding someone hostage in order to rob)

Question 8

force must be directly connected to…

Answer 8

the theft (otherwise theft = assault)

Question 9

Dawson V James

Answer 9

Amount of force can be small (pushed)
For the jury to decide whether force was used

Question 10

Clouden

Answer 10

Confirmed decision in Dawson that it is for the jury to decide if force was used

Question 11

P V DPP

Answer 11

Force must be direct contact (snatched cig, didn’t actually touch)

Question 12

who does the force have to be used on?

Answer 12

ANY PERSON (e.g someone else being held hostage in order to rob/customers in bank)

Question 13

3. Force immediately before or a the time of the theft

Answer 13

no set time frame in statute

Hale = 2 D’s broke into Vs house
1)before = hand over mouth
2)at time = tied her up in order to steal

for the jury to decide, as in Clouden

Question 14

Hale

Answer 14

2 D’s broke into Vs house
1)before = hand over mouth
2)at time = tied her up in order to steal

Question 15

MR of robbery

Answer 15

Two elements from Theft;
1)Dishonesty
2)intention to permanently deprive
PLUS
3)use of force (IN ORDER TO STEAL)

…for robbery the force must be used in order to steal… if person hits another with intent to do GBH, knocks V unconscious and then decides to steal his wallet = NOT guilty of robbery

Question 16

Dishonesty

Answer 16

s.2
3 situations when not dishonest;

s.2(1) believe they have a legal right - Holden/Robinson
s.2(1)b) believe owner would consent
s.2(1)c) believe owner cant be found - Small

Dishonesty now defined by case of IVEY
Ivey test
1. what was D’s Knowledge/belief as to the facts?
2. was this dishonest according to the standard of ordinary decent people?

Confirmed in Barton and Booth

Question 17

Intention to permanently deprive

Answer 17

s.6
1. Disposing of property regardless of the others rights - Marshall
2. Dealing with property regardless of the others rights
3. Borrowing or lending maiking it equivelent to taking or disposal - Velumyl

Conditional intent = Eason (rumaged through bag looking for anything worth stealing, didnt actually take anything = no eveidence to permanently deprive)

Question 18

PLUS intention to use force in order to steal

Answer 18

…for robbery the force must be used in order to steal… if person hits another with intent to do GBH, knocks V unconscious and then decides to steal his wallet = NOT guilty of robbery