robbery

Question 1

introduction

Answer 1

“a person is guilty of robbery if he steals and immediately before or of the time of doing it and in order to do so, he uses force on any person or puts or seeks to put any person in fear of them being then and there subjected to force” [section 8]

Question 2

complete theft

Answer 2

• if any element of theft is missing it cannot be a robbery
  R v Waters → established there must be a complete element of theft for there to be a robbery; if an element of theft is missing there is no robbery
  Corcoran v Anderton → if the defendant takes an item but the drops it, the theft has still be completed so a robbery charge is possible

Question 3

use of force

Answer 3

• threat of force or actual force must be proven, fear of force is sufficient to prove robbery
  Dawson v James → established the amount of force can be small, such as a nudge
  Clouden → established force could be applied to victim’s possessions such as a bag or a basket in their hand as they would still feel this
  B and R v DPP → seek to put victim in fear of force usually means threatening words or actions. it does not have to be proven that the victim actually did fear force.

Question 4

timing of the force

Answer 4

• deciding when the theft was completed so that they force is ‘at the time of stealing’
  R v Lockley → force/threat must be immediately before the time of stealing