Robbery Flashcards
What does ‘Use of Force’ refer to in the context of theft?
Matter of fact for the jury to decide and is not defined
How can force be used to establish the AR of robbery?
- Use of force
- Put someone in fear of being then and there subjected to force
- Seek to put someone in fear of being then and there subjected to force
Does ‘Use of Force’ require violence?
No, it does not require violence (R v Dawson and James [1976])
Can force be applied through property?
Yes, it can be applied through property (R v Clouden [1987])
What is required to put a person in fear of being subjected to force?
Simply requires a threat which causes V to think that force will be used against them
Is it necessary for the victim to actually fear the force?
No, do not actually need to fear the force (R v DPP [2007])
Can a person be threatened with force without being aware of it?
Yes, even if the person is not aware that they are being threatened with force (R v Taylor [1996])
Does the ‘Use or threat of force’ need to be directed at a property owner?
No, it does not have to be property owner
When must the force be used in relation to stealing?
Immediately before or at the time of stealing
Use continuous act theory if necessary
When must force be used in relation to theft?
Force must be used at the time of theft (R v Vinall)
What are the elements of robbery?
- AR of theft
- Force
- On any person
- Use or threat of force immediately before or at the time of stealing
- MR for theft
- Intention to use force in order to steal
What can be applied if the defendant has started stealing before force is used?
Continuing act theory - R v Hale
What is the categorisation and maximum sentence for robbery?
- Indictable only
- Life
