Robbery Flashcards
Where is robbery contained and what is it generally
Section 8 of the theft act 1968
Robbery is a form of aggravated theft, in that it involves the offence of theft plus force or threat of force on a person. - Corcoran v Anderson
Define robbery
Defined in theft act as “a person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.”
What are the 4 added elements of robbery
Steals
Timing of force
And in order to do so
Uses force
Steals
A theft under sections 1-6 Theft Act 1968 must be committed. No theft means no robbery - R v Robinson
Timing of force
Immediately before or at the time of doing so
The timing of the force or threat of force must be before or at the time of the theft - R v Hale
And in order to do so
The use or threat of forces must be in order to steal
Uses force
Uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force - R v Clouden, R v Dawson and James
R v Robinson
As D had a genuine belief he had a right in law to the £5, he was not dishonest under s2(1)(a) and so did not commit a theft
R v Hale
The court ruled that the force used in the course of a theft is sufficient for robbery, even if the theft occurs after the force.
R v Clouden
D guilty of robbery as use of force in taking property satisfied the requirements for robbery even though the force used was minimal
R v Dawson and James
The definition of “force” in robbery cases was expanded to include any physical act that facilitates the theft
Corcoran v Anderson
D was convicted of robbery as s1(1) of Theft Act 1968 was completed when he grabbed the handbag
