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

there must be a complete theft for robbery to exist, if an element of theft is missing there is no robbery, the moment force is used the moment the theft is complete there is a robbery

Question 3

complete theft cases

Answer 3

R v Waters → the defendant snatched the victims phone and told her she could have it back if one of her friends would speak to him. no intention to permanently deprive the victim. 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, using force does not make it into a robbery

Corcoran v Anderton → one of the defendants hit the woman in the back and tugged at her bag and she dropped it, the defendant ran off with the bag, the moment a theft is completed with force it is robbery

Question 4

force/threat of force

Answer 4

there must be a force/threat of force, the threat of force can be small; force used on objects that are being held/are attached to a person can be seen as using force on the victim. the force can be on anyone and does not have to be against the victim of the theft.

Question 5

force/threat of force cases

Answer 5

Dawson v James → one defendant pushed the victim and he lost his balance so the other could take his wallet. established the amount of force can be small such as a nudge.

Clouden → defendant approached a woman carry and shopping basket and wrenched it from her hand from behind and ran off with it, established force could be applied to victims possessions such as a bag or a basket in their hand as they would still feel this.

Question 6

time of the force

Answer 6

it is stated appropriation is a continuing act in robbery so this requires the jury deciding when the theft is completed so that the force is ‘at the time of stealing’ and not after.

Question 7

time of force cases

Answer 7

Hale → the defendants forced their way into the victims house and one put his hand over v to stop v screaming whilst the other took a jewellery box, they then tied up the victim before leaving, force immediately and tying up could have been in order to steal. robbery, theft is a continuing act.

Lockley → defendant was shoplifting cans of beer and used force on the shopkeeper who tried to stop him from escaping. appropriation is a continuing act and using force to escape can still be at the time of the theft.

Question 8

mens rea

Answer 8

there are two elements to this, they have to have had the mens rea for theft (having the intention of permanently depriving the other of it) and intending to use force to steal