Robbery Flashcards
What act defines robbery?
Theft act
What section is robbery defined under?
s.8
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 or in order to do so uses force on any person or seeks to put any person in fear of being then and there subjected to force
What is the max sentence for robbery?
Life
What can robbery cover?
Anything from a mugging to a bank robbery
What are the elements of robbery?
Theft
D uses force to deprive V of property
D used force on any person or sought to put any person in fear of being immediately subject to force
Force/threat of force was immediately before or at the time of the theft
Force/threat of force was used in order to steal
What is the AR of robbery?
Theft+using force/threat of force
What does s2.1a state about robbery?
If D honestly believed that they has a right to the property they are not guilty of robbery as they have not satisfied all elements of theft
What case demonstrates the principle in s2.1a?
Robinson
What case failed to use s2.1a to escape liablility?
Forrester
Siezed items while friend restrained V
D knew he had no right to the items themselves
Is there a definition of force?
No
What act previously used ‘violence’ rather than ‘force’?
Larceny Act 1916
What case indicated that force was an ordinary word that could be left to the jury and stated a mere nudge may suffice?
Dawson and James
What case states that force can be indirect?
Clouden
Does the force need to be directed against the owner of the property?
No
Is it necessary for V to be aware of the actual force and be fearful of it?
No eg waving a knive in front of a blind man
What case demonstrated that threatening words or gestures can be enough for robbery?
Bentham (fingers in pocket to give impression of a gun)
What case demonstrates that V does not need to be fearful of force?
B&R v DPP
Is a threat for future force sufficient?
No
When is force unacceptable for a robbery?
Used to escape
What case decided that appropriation is a continuing act in robbery?
Hale- (he stole while second man held hand over V’s mouth. They both then tied up the owner)
What case confirmed Hale?
Lockley- (although he used the force to escape)
What case shows that force and theft although they have to be simultaneous can occur in different locations?
Hale
What is the MR for robbery?
Theft+ intention to use force/ threat of force
What case decided that the full offence takes place when appropriation is complete?
Corcoran v Anderton
What was the judgement in Corcoran v Anderton?
It was a robbery rather than attemted regardless ofthe fact they failed to run off with the bag.
Full offence committed when app is complete
