Robbery Flashcards
To get s conviction the production must prove 3 things;
- Theft (Steals)
- Using force; or
- Seeking to put someone in fear of force
- For the completed theft all the elements of ____ must be present for there to be a robbery.
Theft
_____ or the threat of ____ must be proven, though the amount of force can be small. More is needed than the force used to pick a pocket.
Force
Force
One of the defendants nudges a man so as to make it easier for the other defendant to take his wallet from his pocket.
What case was this?
Dawson & James
What was held in Dawson & James?
Whether force was used or threatened is for the jury to decided.
Guilty
The defendant wrenched a shopping bag from a woman’s grasp. He did not physically touch the woman herself.
What case was this?
Clouden
What was held in Clouden?
The force used in the bag, was sufficient to amount to force in a person.
Guilty
It is necessary that force applied, putting the victim in ‘____ of being, there and then, subject to ____’ is sufficient.
Fear
Force
Robbery is also committed if the victim is not actually ‘__ ____’ of the defendants actions. If the defendant ‘____ to put the victim in ____’ then that is sufficient.
In fear
Seems
Fear
The victim, a school boy ages 16 was stopped by 5 other schoolboys. They asked for his mobile phone and money. No serious violence was used but he was pushed and his arms were held while he was searched. The defendants took his phone and £5 from his wallet his watch and his travel card. The victim said he did not feel scared or threatened.
What case was this?
B&R v DPP
What was held in B&R v DPP?
No need to show fear in victim & there could also be implied threat of force.
Guilty
Person threatened does not have to be the ____ from whom the ____ occurs.
E.G in a bank robbery the customers are very often threatened with force but it is not their money that is taken.
Person
Theft
D & D burgled V’s house. D took V’s jewellery box and after they tied up V. They argued theft was compete as soon as jewellery box was taken and therefore force used was not “at the time of stealing”.
What case was this?
Hale
What was held in Hale?
The theft was still ongoing as they tied her up.
Guilty.
D was shoplifting beer from on off-licence. The shopkeeper tried to stop him but D used force to resist him. D argued theft was complete before the use of force occurred.
What case was this?
Lockley