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.