Robbery Flashcards
what is robbery and where is it set out?
Robbery can be described as theft with aggravated force.
The Theft Act 1968 s8(1) states: “A person is guilty of robbery if he steals, and immediately before or at the time of doing 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 is the AR of robbery?
The AR of robbery is the AR of theft plus using or threatening to use force immediately before or at the time of theft
what is the MR of robbery?
The MR of robbery is MR of theft plus the intent as to the use or threat of force in order to steal
What is the case that shows that if there is no theft then there is no robbery?
In Robinson (1977) a man forcibly took £5 from a woman who he thought owed him money. There was no theft as he believed he had a legal right to the money, so could be no robbery.
what are the facts and principle from Corcoran and Anderton (1980)?
D wrestles bag from V’s grasp but then rushes off without it. Principle: whilst it was out of the V’s hand a theft had taken place, and therefore so had robbery
what are the facts and principle from Dawson and James (1976)?
Ds jostled and nudged the V, so he lost his balance and they could easily take his wallet.
Principle: force is an ordinary word everyday word and the jury can decide for themselves if it is present; here, force deemed to be present
what are the facts and principle from B and R v DPP (2007)?
Group of boys crowd round V to intimidate him and then steal £5. V said he did not feel threatened, just shocked. Principle: it does not matter if the V did not fear force, just that the D intended it.
what are the facts and principle from Clouden (1987)?
D grabs a woman’s shopping bag from behind and wrenches it from her hand.
Principle: robbery doesn’t need to involve direct force
what are the facts and principle from Bentham (2005) ?
D puts his hand in pocket as if to take out a gun, though he does not actually have one. Principle: can be robbery even if the threat isn’t real
Does the threat or threat of force have to be against the V?
The force/threat of force does not have to be against the V of the theft; it can be against anyone.
When does the force or threat of force have to take place?
Force or threat of force must occur immediately before or during the theft.
Explain the facts and if force is present in Hale (1978)?
Burglars entered house and took jewellery box. Then tied up occupant before leaving. Court said the appropriation was a continuing act and therefore the force occurred at the same time as the theft.
Does force used to escape count as a single continuing act? what is the case for this?
Force used to escape counts as part of the single continuing act, as seen in Lockley (1995) in which the robber used force against a shopkeeper trying to stop his escape the shop he was robbing.
What connection must there be between the force and the theft?
The force must be used in order to complete the theft – e.g. Hale, where they tied up the occupant in order to get away with the stolen jewellery box
