Robbery Flashcards

1
Q

Where is robbery defined in UK law?

A

Robbery is defined under Section 8 of the Theft Act 1968.

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2
Q

What statute defines robbery?

A

The Theft Act 1968 defines robbery.

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3
Q

What section of the Theft Act 1968 covers robbery?

A

Section 8 of the Theft Act covers robbery.

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4
Q

What is the legal definition of robbery under the Theft Act 1968?

A

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.

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5
Q

What differentiates robbery from simple theft?

A

Robbery includes the use or threat of force, whereas theft does not.

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6
Q

Explain how theft is an element of robbery.

A

Robbery cannot occur without theft; taking property is a requirement for robbery.

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7
Q

Can a robbery occur without theft? Explain why or why not.

A

No, because theft is an essential component of robbery under the Theft Act.

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8
Q

What is the maximum sentence for robbery under UK law?

A

The maximum sentence for robbery is life imprisonment.

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9
Q

What types of property can be subject to robbery?

A

Any type of property that can be stolen can be subject to robbery.

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10
Q

Who can be a victim of robbery under UK law?

A

Any person can be a victim of robbery if force or threats are used against them.

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11
Q

What are the four key elements of robbery?

A

The four key elements are theft, use or threat of force, timing of the force, and intent to use force to steal.

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12
Q

Why is force or threat of force essential in proving robbery?

A

Force or threat of force distinguishes robbery from theft and must be present to classify the offense as robbery.

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13
Q

What role does timing play in the offense of robbery?

A

Force must be used immediately before or at the time of theft to meet the legal definition of robbery.

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14
Q

How does the intention to use force relate to robbery?

A

Force must be used or threatened with the intent to facilitate the theft for it to qualify as robbery.

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15
Q

What constitutes a “threat of force” in robbery?

A

A threat of force can be verbal, physical, or implied by actions that make the victim fear harm.

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16
Q

Can a person be convicted of robbery if no force was actually used?

A

Yes, if there was a credible threat of force that made the victim fear harm.

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17
Q

What is the importance of the victim’s perception of force?

A

If the victim perceives a threat, it can fulfill the force requirement for robbery, even if no physical force was used.

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18
Q

Explain the concept of “immediate” in relation to force in robbery.

A

Force must be applied or threatened immediately before or during the theft, not after.

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19
Q

Does the force used have to be significant to constitute robbery?

A

No, even minimal force can constitute robbery if it is enough to overcome resistance.

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20
Q

How does intention to steal differentiate robbery from assault?

A

Robbery includes both theft and force, while assault only involves physical harm or threats without theft.

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21
Q

What precedent was set by Dawson & James (1976)?

A

It established that minimal force, such as a push, is sufficient for robbery.

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22
Q

How does Dawson & James define the level of force needed for robbery?

A

Minimal force that aids in the theft can qualify as force for robbery.

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23
Q

What does Bentham (2005) say about threats involving fake weapons?

A

Threatening with a fake weapon can constitute a threat of force in robbery.

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24
Q

How did the case of B and R v DPP (2007) interpret threat perception?

A

It ruled that robbery can occur even if the victim is not scared, as long as force or a threat was used.

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25
Q

What does B and R v DPP illustrate about the victim’s reaction to force?

A

The victim’s lack of fear does not negate the use of force for the purposes of robbery.

26
Q

Explain the ruling in DPP v P (2012) regarding indirect force.

A

It held that indirect force, such as grabbing a handbag, can be sufficient for robbery.

27
Q

Does DPP v P allow for indirect actions to constitute force?

A

Yes, indirect actions affecting the victim’s control over their property can count as force.

28
Q

Can verbal threats alone constitute force in robbery?

A

Yes, if the verbal threat makes the victim fear immediate harm.

29
Q

What impact does the victim’s fear have on proving robbery?

A

The victim’s fear is relevant but not essential if there was an actual threat or use of force.

30
Q

How did Bentham (2005) impact the interpretation of weapons in robbery?

A

It established that threatening with an imitation weapon is still considered a threat of force.

31
Q

What does the law say about the timing of force in robbery?

A

Force must be used immediately before or at the time of theft for it to be robbery.

32
Q

How is timing of force crucial in determining a robbery?

A

Force used after the theft has concluded is not robbery; timing connects force to the theft.

33
Q

Explain the significance of timing in Hale (1979).

A

Hale ruled that theft can be a continuing act, allowing force used during escape to count as robbery.

34
Q

What was the ruling in Hale regarding continuous acts?

A

Theft can continue over time, so force used in the escape phase can be part of the robbery.

35
Q

How did Lockley (1995) reinforce the decision in Hale?

A

Lockley confirmed that force used to escape with stolen goods qualifies as robbery.

36
Q

Why is timing during the escape considered part of the theft in robbery?

A

The escape is seen as part of the ongoing act of theft, so force used then is included.

37
Q

Can force used after the theft be considered robbery?

A

Only if the force is part of a continuous act of theft, as in Hale.

38
Q

What does “immediately before or at the time of stealing” mean in robbery cases?

A

Force must be closely connected to the act of theft in time and purpose.

39
Q

How do courts determine if the force was part of the act of theft?

A

They examine if the force facilitated or completed the theft, including escape.

40
Q

Can force used to retain stolen property qualify as robbery?

A

Yes, if force is used to keep possession of the property during an ongoing theft.

41
Q

Why must force be used specifically to steal for robbery?

A

Force must be used with the purpose of theft; otherwise, it’s assault or another offense.

42
Q

What happens if force is used for a reason other than theft?

A

It would not be classified as robbery; the force must facilitate the theft.

43
Q

Explain how the intent to steal is linked to the use of force.

A

For robbery, force must be used or threatened to enable the theft.

44
Q

Can a robbery charge be applied if force is used after the theft is complete?

A

Generally, no, unless the theft is considered a continuous act, as in Hale.

45
Q

How does the use of force affect the seriousness of robbery compared to theft?

A

The use of force makes robbery more severe than theft, warranting harsher penalties.

46
Q

What is required to prove that force was used “in order to steal”?

A

It must be shown that the force was intended to assist in taking or keeping the property.

47
Q

How does the use of force differentiate robbery from extortion?

A

Robbery involves immediate force or threat to steal, while extortion uses threats for future gain.

48
Q

Does the threat of force alone constitute robbery if no property is taken?

A

No, theft must occur for the offense to be classified as robbery.

49
Q

Is using force to escape with stolen property still considered robbery?

A

Yes, as confirmed in Lockley, if the force is used to retain stolen property, it is robbery.

50
Q

What does “force in order to steal” mean in practical terms?

A

It means that the force or threat must directly facilitate the act of theft.

51
Q

What did Dawson & James (1976) establish about minimal force?

A

It ruled that even a small amount of force, such as a push, can qualify for robbery.

52
Q

How does Bentham (2005) address the issue of fake weapons in robbery?

A

It established that threatening with a fake weapon still constitutes a threat of force.

53
Q

What was the decision in B and R v DPP (2007) regarding implied threats?

A

It held that robbery can occur even if the victim does not feel fear, as long as force was applied or implied.

54
Q

Explain how DPP v P (2012) clarified the concept of indirect force.

A

It clarified that indirect actions affecting the victim’s control over property count as force.

55
Q

How does Hale (1979) address continuous force in robbery?

A

It ruled that robbery can include force used during a continuous act of theft, such as during escape.

56
Q

What did Lockley (1995) confirm about using force during escape?

A

It confirmed that force used to escape with stolen property is still considered part of robbery.

57
Q

How does Bentham differ from B and R v DPP in terms of weapon threats?

A

Bentham addressed fake weapons, while B and R v DPP focused on the victim’s perception of threat.

58
Q

What role does psychological impact play in robbery cases like Dawson & James?

A

Psychological impact is considered if it affects the victim’s control or sense of security.

59
Q

Can a robbery occur if the victim is unaware of the force used?

A

Yes, as long as the force was applied with the intent to steal.

60
Q

How does Lockley support the idea of force as a continuous act?

A

It reinforced that force during the escape can be part of the theft for robbery.