robbery Flashcards
what is the definition of robbery
a person is guilty of robbery if he steals, and immediately before or at the time of doing so, he used force on any person or puts or seeks to put any person in fear of being then and there subjected to force.
what 2 things have to take place for it to be a robbery
- a theft
- force or threat of force before or at the time of the theft
r v robinson
there must be a completed theft before there can be a robbery
Corcoran v anderton
handbag was wrestled from v and fell to the ground. it was wrestled from v and robbery had become complete
r v Dawson and James
force can be slight. it is a decision for the jury
r v clouden
force used on the bag was sufficient to amount to force on a person
p v app
it was held that this was not a robbery because force had not been used ‘on a person’ as there was no direct contact between the d and v
b and r v app
there can be robbery through an implied act, and v does not have to be scared
r v hale
tying up v could be classed as being in order to steal, because the court said the theft was still on going
r v Lockley
COA followed the decision in hale. the theft of the can of beer was a continuing act and was still on going when the force was used
mens rea of robbery
- dishonesty and the intention to permanently deprive
- the intention to use the force to steal