Robbery

Question 1

What section, act and year covers burglary?

Answer 1

S.8 of Theft Act 1968

Question 2

What does S.8(1) of Theft Act 1968 define theft as?

Answer 2

“a person is guilty of robbery if he steals and immediately before or at the time of doing so, and in order to so, he uses force on any person or puts any person in fear of being subjected to force”.

Question 3

What is the maximum sentence for robbery?

Answer 3

Life sentence

Question 4

What is the Actus Reus for Robbery?

Answer 4

• Actus Reus for Theft
• Use of force or put person in fear of force at time of theft

Question 5

What cases relate to theft in robbery?

2

Answer 5

R v Zerei
R v Waters

Question 6

What is the case of R v Zerei?

Answer 6

If no theft then no robbery as need theft for robbery

Question 7

What is the case of R v Waters

Answer 7

Intended to return item so no theft so no robbery

Question 8

What cases relate to proving force or threat of force?

3

Answer 8

R v Dawson and James
R v Clouden
P v DPP

Question 9

What is the case of R v Dawson and James?

Answer 9

Nudged so lost his balance so his wallet could be stolen

Amounts to force and robbery

Question 10

What is the case of R v Clouden?

Answer 10

Wrenched bag out of victims hand

Robbery as force used

Question 11

What is the case of P v DPP?

Answer 11

Snached cigarette out of hand

Not robbery as no direct physical contact

Similar to pickpocketing

Question 12

What cases relate to the force being used immediatley before or at the time of the theft?

2

Answer 12

R v Hale
R v Lockley

Question 13

What is the case of R v Hale?

Answer 13

One stole jewlery while the other tied up owner

Upheld conviction even though didnt know exact time

Question 14

What is the case of R v Lockley?

Answer 14

Used force to leave shop

Robbery

Question 15

What is the Mens Rea for Robbery?

Answer 15

Mens Rea for theft
Intentional or reckless use or threat of force

Question 16

What case relates to the intention to permenantly deprive in robbery?

Answer 16

Corcoran v Anderton

Question 17

What is the case of Corcoran v Anderton?

Answer 17

Bag grabbed then dropped the bag and ran off. Robbery as no intention to return.

Question 18

What proves dishonesty?

Answer 18

Objective - reasonable person would see as dishonest

R v Barton and Booth

Question 19

What is used to prove if the person intentinaly or recklessley used or threatened force?

Answer 19

Aim or purpose
Reckless - Cunningham ‘forsee the risk and take it anyway’