robbery Flashcards
s.8 of theft act 1968
guilty of robbery if …
'’he steals, and immediately before at the time of doing so, in order to do so, uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force’’
actus reus
> theft
use of force or threat of force on any person, use/threat of force in order to steal
immediately before or at the time of stealing
there must be a completed theft
he dishonestly, appropriates property, belonging to another with intention of permanently depriving the other of it
R v Waters
D snatched Vs phone from her and told her that she child have it back if one of her friends spoke to him. C of A quashed the conviction as D did intend to permanently deprive due to the conditions - could be given back in the near future
Corcoran v Anderton
D hit s woman in the back and tugged at her bag, she let go and fell to the ground. Ds ran off without the bag. theft was complete so guilty of robbery
there must be force or threat of force
must be immediately before or during
Dawson and James
D pushed the V, causing him to lose his balance which enabled the other D to take his wallet. Ds were convicted of robbery
held ; ‘force’ was an ordinary word and it was for the jury to decide whether there had been force
decision confirmed in Clouden…
D was guilty of robbery when he wrenched a shopping basket from Vs hand- didn’t actually touch her. CofA held the trial judge was right to leave the question of whether force had been used on a person to the jury
P v DPP
D snatched cigarette from Vs hand without touching the V in anyway.
held; no direct contact between D + V so couldn’t be said to be force ‘on a person’.
D not guilty
B and R v DPP
D only has to ‘seek to put any person in fear of being then and there subjected to force’. there could be implied threat of force or some limited force by holding and pushing
immediately before or at the time of stealing
the force can be on any person e.g. customers in the bank.
no precedent for the time frame
hale
two Ds forced their way into Vs house. One put hand over Vs mouth while the other went upstairs to take the jewellery
force before the theft
R v Lockley
D caught shoplifting cans of beer. He used force on the shopkeeper who tried to stop him escaping
appropriation is a continuing act and so force is at the time of theft
mens rea
> dishonestly
intention to permanently deprive