Robbery Flashcards
Under what act and section number is robbery defined under?
S.8(1) Theft Act 1968
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, and in order to do so, he uses force on any person or puts any person in fear of being subjected to force
What are the components of the actus reus of robbery
Actus reus of theft
Use of force or putting or seeking to put any person in fear of force at the time of the theft
Do you need to run through a full theft conviction with theft cases for a robbery scenario?
No - mention all 3 points but under a single case, using separate robbery cases
What are the 2 cases surrounding the actus reus of theft in robbery?
R vs Waters
R vs Zerei
What is the POL from R vs Zerei?
He had appropriation and property but not the intention to permanently deprive as the owner of the car eventually got the car back - robbery conviction was reversed as he didn’t meet all the elements of theft
What is the POL from R vs Waters?
He had appropriation and property but not intention to permanently deprive as he intended to give the phone back if one of her friend’s spoke to him - robbery conviction was reversed as he didn’t meet all the elements of theft
Does there need to be a large level of force for robbery?
No, it just has to be present
What is the case that stated that a nudge was enough for robbery?
R vs Dawson and James
What is the POL from R vs Dawson and James?
D nudged the victim, causing him to lose his balance so that his wallet could be stolen - force wasn’t large but was present, enough for robbery
What is the case about wrenching the shopping bag from the victim’s hand?
R vs Clouden
What is the POL from R vs Clouden?
Wrenching a shopping bag from the victim’s hand was robbery due to the presence of force
What case contrasts R vs Clouden?
P vs DPP
What is the POL from P vs DPP?
D snitched a lit cigarette from the victim’s hand, but his conviction was overturned as there was no physical contact between D and V - held that it was more similar to pickpocketing
Does the force have to be used immediately before or at the time of the theft?
Yes
What case states that appropriation can be a continuing act?
R vs Hale
What is the POL from R vs Hale?
Although it was impossible to identify the timings of the acts, the court stated that appropriation was a continuing act meaning the force was used before/at the time of the theft
What is the case that confirms and mirrors R vs Hale?
R vs Lockley
What is the POL from R vs Lockley?
Used force on the shopkeeper to steal a crate of beer but tried to argue that his theft was complete before he used force and left the shop - the court followed the decision in R vs Hale, stating that the appropriation continued leading to a conviction for robbery
Is the threat of future force enough for robbery?
No
What case states that robbery is complete as soon as appropriation is complete?
Corcoran vs Anderton
What is the POL from Corcoran vs Anderton?
He had the intention to permanently deprive even though he dropped the bag after he grabbed it out of the women’s hand - the defendant had forcefully taken the bag, and the theft was complete meaning a robbery conviction was upheld
What are the components for the mens rea of robbery?
MR of theft
Intention or recklessness as to the use or threat of force
Do you talk about the MR of theft in detail in a robbery scenario?
Mention the points of intention to permanently deprive and dishonesty
Also mention the objective test for dishonesty and how R vs Barton and Booth confirmed the obiter dicta in Ivey vs Genting Casinos to implement it into criminal law
