robbery Flashcards
def robbery s.8
person guilty of robbery if he steals using using force or seeks to put any person imn fea or threat of force, a form of agarvted theft
completed theft
theft is when a person if=s guilty of he dishonestly appriparties property belongng to another with the intnetion to permanently deprive
robinson: d owed 7pounds to vs wife, d approached v asking for money, threatned him, during struggle v dropped 5 pounds on the floor, d took it, ds convitooj for theftb was upheld as believed that he had a right to the money actions not dihonest
r v waters; d snatched vs phone said camn only ahve it back if one of her friends spoke to him, no intention found of permanently depriving
corocan v anderton: one of ds woker hit women in the back tugged at bag ,she let it go and it fel to ground , tehy were scared by her scareming arn off , guilty of robbery as moment theft is completed with force it is con sidered as robbery
threat of force
bentham: d postioned fingers, conceaed in jacket to give apperance of a gun
force
not defines but sufficent to be noticeable jury to decide using the ordianry meaning of the force, must be force/ threat of force
r v clouden: d approached women who was carryinga shopping basket and grabbed the basket from behind, wrenching shopping trolley amounted to force
dawson v james: d pushed c causing loss of balance, enabling otheer d to take wallet , a nudge is considered to amount as force, up to jury to decide whetherbtehre was force
r v dpp: d snatched cig out of vs hand , w/o touching v , unexpcte remobal fro, fimgers is no more trhan use of forc eon that person than would be the removal of from his pocket , forve does not nneed to be applied to v but can be applied to prepoertty
threat of force
bentham: d postion fingers in jacket to amke appearnce of a gun, and pointing it , guilty as lomg as there is an intention to create force even if force isnt real
b and r: bosy stopped v askinmg if he had moneyb and phone and what sch he wnet tro , v said no money/phone, boys took his food wallet and travel card v did not feel threantned and wasnt physically assualted, concited of robbery as and was said that intention od rather than fortitude of v shpuld be looked at
on any person
person threatned does not have rto be the person who therft occurs on
p v dpp; d snatched cig from v withpit comsent, merely theft not robbery as snatchong doesnt suffice as force, if theres no direct contact between v and dthen it acxnnot be said taht force has been used
immediatelyt before or at the time of theft
required deciding when a theft should be completed
hale: d forced entry into a hbouse, put hand over vs mouth to stop her screaming, other went up and took jelweery , tied up before leaving, theft can be a acomtinuing act it is for the jurt to decide when the theft is complete and thereofre whether theft has been used durig/after the theft
lockley: d caught hsop lifting cans used force on v who tried to stop him escaping , theft as a continung axt using force to escape can still be at the time of the force
corocoan: robbery is comitted at time of appropariation even if robber fails
in order to steal
s8 requires the use/threat of force to steal, IF FORCE is used for other reasons and then d decides to steal it dies not amount to robbery
means rea
intent to use forvce to steal
must have intention to use force or threat of force to steal, dishonest and intention to deprive and inetnetion of PPLICATION OF FORCE
dishonesty and inetion to permanetly deprive
mohan: direct intent, d aggresivly and intentionaly drove towards offiver to run over his foot
woolin: indirect intent did not intend to jurder baby hwoever was foreseeable taht harm would be caused after throwimg baby
