Robbery Flashcards
Where is robbery defined in UK law?
Robbery is defined under Section 8 of the Theft Act 1968.
What statute defines robbery?
The Theft Act 1968 defines robbery.
What section of the Theft Act 1968 covers robbery?
Section 8 of the Theft Act covers robbery.
What is the legal definition of robbery under the Theft Act 1968?
Robbery is defined as the use or threat of force on a person immediately before or at the time of stealing to facilitate the theft.
What differentiates robbery from simple theft?
Robbery includes the use or threat of force, whereas theft does not.
Explain how theft is an element of robbery.
Robbery cannot occur without theft; taking property is a requirement for robbery.
Can a robbery occur without theft? Explain why or why not.
No, because theft is an essential component of robbery under the Theft Act.
What is the maximum sentence for robbery under UK law?
The maximum sentence for robbery is life imprisonment.
What types of property can be subject to robbery?
Any type of property that can be stolen can be subject to robbery.
Who can be a victim of robbery under UK law?
Any person can be a victim of robbery if force or threats are used against them.
What are the four key elements of robbery?
The four key elements are theft, use or threat of force, timing of the force, and intent to use force to steal.
Why is force or threat of force essential in proving robbery?
Force or threat of force distinguishes robbery from theft and must be present to classify the offense as robbery.
What role does timing play in the offense of robbery?
Force must be used immediately before or at the time of theft to meet the legal definition of robbery.
How does the intention to use force relate to robbery?
Force must be used or threatened with the intent to facilitate the theft for it to qualify as robbery.
What constitutes a “threat of force” in robbery?
A threat of force can be verbal, physical, or implied by actions that make the victim fear harm.
Can a person be convicted of robbery if no force was actually used?
Yes, if there was a credible threat of force that made the victim fear harm.
What is the importance of the victim’s perception of force?
If the victim perceives a threat, it can fulfill the force requirement for robbery, even if no physical force was used.
Explain the concept of “immediate” in relation to force in robbery.
Force must be applied or threatened immediately before or during the theft, not after.
Does the force used have to be significant to constitute robbery?
No, even minimal force can constitute robbery if it is enough to overcome resistance.
How does intention to steal differentiate robbery from assault?
Robbery includes both theft and force, while assault only involves physical harm or threats without theft.
What precedent was set by Dawson & James (1976)?
It established that minimal force, such as a push, is sufficient for robbery.
How does Dawson & James define the level of force needed for robbery?
Minimal force that aids in the theft can qualify as force for robbery.
What does Bentham (2005) say about threats involving fake weapons?
Threatening with a fake weapon can constitute a threat of force in robbery.
How did the case of B and R v DPP (2007) interpret threat perception?
It ruled that robbery can occur even if the victim is not scared, as long as force or a threat was used.
What does B and R v DPP illustrate about the victim’s reaction to force?
The victim’s lack of fear does not negate the use of force for the purposes of robbery.
Explain the ruling in DPP v P (2012) regarding indirect force.
It held that indirect force, such as grabbing a handbag, can be sufficient for robbery.
Does DPP v P allow for indirect actions to constitute force?
Yes, indirect actions affecting the victim’s control over their property can count as force.
Can verbal threats alone constitute force in robbery?
Yes, if the verbal threat makes the victim fear immediate harm.
What impact does the victim’s fear have on proving robbery?
The victim’s fear is relevant but not essential if there was an actual threat or use of force.
How did Bentham (2005) impact the interpretation of weapons in robbery?
It established that threatening with an imitation weapon is still considered a threat of force.
What does the law say about the timing of force in robbery?
Force must be used immediately before or at the time of theft for it to be robbery.
How is timing of force crucial in determining a robbery?
Force used after the theft has concluded is not robbery; timing connects force to the theft.
Explain the significance of timing in Hale (1979).
Hale ruled that theft can be a continuing act, allowing force used during escape to count as robbery.
What was the ruling in Hale regarding continuous acts?
Theft can continue over time, so force used in the escape phase can be part of the robbery.
How did Lockley (1995) reinforce the decision in Hale?
Lockley confirmed that force used to escape with stolen goods qualifies as robbery.
Why is timing during the escape considered part of the theft in robbery?
The escape is seen as part of the ongoing act of theft, so force used then is included.
Can force used after the theft be considered robbery?
Only if the force is part of a continuous act of theft, as in Hale.
What does “immediately before or at the time of stealing” mean in robbery cases?
Force must be closely connected to the act of theft in time and purpose.
How do courts determine if the force was part of the act of theft?
They examine if the force facilitated or completed the theft, including escape.
Can force used to retain stolen property qualify as robbery?
Yes, if force is used to keep possession of the property during an ongoing theft.
Why must force be used specifically to steal for robbery?
Force must be used with the purpose of theft; otherwise, it’s assault or another offense.
What happens if force is used for a reason other than theft?
It would not be classified as robbery; the force must facilitate the theft.
Explain how the intent to steal is linked to the use of force.
For robbery, force must be used or threatened to enable the theft.
Can a robbery charge be applied if force is used after the theft is complete?
Generally, no, unless the theft is considered a continuous act, as in Hale.
How does the use of force affect the seriousness of robbery compared to theft?
The use of force makes robbery more severe than theft, warranting harsher penalties.
What is required to prove that force was used “in order to steal”?
It must be shown that the force was intended to assist in taking or keeping the property.
How does the use of force differentiate robbery from extortion?
Robbery involves immediate force or threat to steal, while extortion uses threats for future gain.
Does the threat of force alone constitute robbery if no property is taken?
No, theft must occur for the offense to be classified as robbery.
Is using force to escape with stolen property still considered robbery?
Yes, as confirmed in Lockley, if the force is used to retain stolen property, it is robbery.
What does “force in order to steal” mean in practical terms?
It means that the force or threat must directly facilitate the act of theft.
What did Dawson & James (1976) establish about minimal force?
It ruled that even a small amount of force, such as a push, can qualify for robbery.
How does Bentham (2005) address the issue of fake weapons in robbery?
It established that threatening with a fake weapon still constitutes a threat of force.
What was the decision in B and R v DPP (2007) regarding implied threats?
It held that robbery can occur even if the victim does not feel fear, as long as force was applied or implied.
Explain how DPP v P (2012) clarified the concept of indirect force.
It clarified that indirect actions affecting the victim’s control over property count as force.
How does Hale (1979) address continuous force in robbery?
It ruled that robbery can include force used during a continuous act of theft, such as during escape.
What did Lockley (1995) confirm about using force during escape?
It confirmed that force used to escape with stolen property is still considered part of robbery.
How does Bentham differ from B and R v DPP in terms of weapon threats?
Bentham addressed fake weapons, while B and R v DPP focused on the victim’s perception of threat.
What role does psychological impact play in robbery cases like Dawson & James?
Psychological impact is considered if it affects the victim’s control or sense of security.
Can a robbery occur if the victim is unaware of the force used?
Yes, as long as the force was applied with the intent to steal.
How does Lockley support the idea of force as a continuous act?
It reinforced that force during the escape can be part of the theft for robbery.
