robbery

Question 1

where is robbery defined

Answer 1

s8 of the theft act

Question 2

definition of robbery

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 do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force

Question 3

what must d have appropriated

Answer 3

property belonging to another

Question 4

why does d not have to escape with the property to amount to robbery and authority

Answer 4

the moment the appropriation is complete, there is a robbery CORCORAN V ANDERTON

Question 5

CORCORAN V ANDERTON

Answer 5

there was a completed theft and force was used in order to steal. this was not attempted robbery

Question 6

who can force be used on in order to steal

Answer 6

any person

Question 7

who can d put in fear of force in order to steal

Answer 7

any person

Question 8

how much force does d have to use where he uses force and authority

Answer 8

where d uses force, the amount of force can be small DAWSON AND JAMES

Question 9

DAWSON AND JAMES

Answer 9

the push was sufficient to be a use of force

‘force’ is an ordinary word and it is for the jury to decide if force has been used

Question 10

where would d put any person in fear of force

Answer 10

where v apprehends that force might be used if he/she resists in handing over the property
no force need be applied to v

Question 11

what must force be used/threatened in order to do

Answer 11

steal

Question 12

who must force be used/threatened upon and authority

Answer 12

any person P V DPP

Question 13

P V DPP

Answer 13

there was no physical contact with v

it was however accepted that force could be applied indirectly, when d snatches a bag and v tried to hold on

this is robbery

Question 14

HALE 1

Answer 14

there person on whom force is used/threatened, doesn’t have to be the person from whom the theft occurs

Question 15

when must force be used/threatened

Answer 15

immediately before or at the time of the theft

Question 16

what must be considered when the jury decide if force was used/threatened immediately before theft and why

Answer 16

all circumstances must be considered

what is important is that force is used/threatened in order to steal

Question 17

what is the alternative to force having to be used immediately before/at time of theft

Answer 17

force must be used/threatened at the time of the theft

Question 18

what can an appropriation be for the offence of robbery

Answer 18

a continuing act, should be left to jury to decide when it has stopped

Question 19

HALE 2

Answer 19

appropriation can be a continuing act and a jury could conclude that it continued while v was tied up. thus force was used at the time of stealing

Question 20

is it robbery if D gets V to part with property by threatening to use force in the future

Answer 20

no

Question 21

what must d have the mens rea of to satisfy the mens rea of robbery

Answer 21

mens rea of theft

Question 22

what does the prosecution have to show to prove the mens rea of theft

Answer 22

when d appropriated the property, he was acting dishonestly and he had intention of permanently depriving the other person of it

Question 23

can d be convicted of robbery if he hasn’t committed theft

Answer 23

no

Question 24

ROBINSON

Answer 24

d is not dishonest according to s21a of the theft act where d appropriates the property in the belief that he has in law the right to deprive the other of it

Question 25

what must d have intended where he uses force or puts any person in fear of force

Answer 25

to use/threaten force on any person in order to steal

Question 26

when must the prosecution show where d only seeks to put any person in fear of force in order to steal

Answer 26

that it was ds intention to cause v to apprehend that force might be used in order to steal
no need for v to be in fear, nor to actually apprehend force

Question 27

B AND R V DPP

Answer 27

• no need for prosecution to show v was fearful
• could be an implied threat of force
• some limited use of force by ds pushing v and holding his arms