Robbery Flashcards
what section and act does robbery come from
s8 Theft Act 1968
define robbery
‘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 subject to force’
AR
-theft
-force or putting or seeking to put any person in fear of force
MR
- MR for theft
-Intent to use force to steal
5 elements for robbery
1) completed theft
2) force or threat of force
3) force immediately before or at the time of the theft
4) force in order to steal
5) MR
in what case were D’s actions not dishonest as all elements of theft were not complete
Robinson
what case stated that where force is used, once theft is complete there is robbery
Corcoran v Anderton
who is it up to to decide whether D’s actions amounted to force
jury
what case stated that even a small amount of force is sufficient e.g. pushing
Dawson & James
in what case was wrenching a shopping basket from V’s hand sufficient
Clouden
example of seeking to put V in fear of force
threatening words or gestures - V doesn’t have to be frightened
in what case was V not frightened when surrounded by group of lads, pushed, + searched - holding V’s arms and legs sufficient
B&R v DPP
can an implied threat of force be sufficient e.g. surrounding v
yes
what case stated that the threat does not have to be real
Bentham
does the person threatened have to be the person from whom threat occurs
no
can force be a continuing act to the theft
yes
what case stated that using force to escape can still be at the time of theft
Lockley
explain MR
D must have MR for theft (dishonesty & intention to permanently deprive) AND D must use force to steal
