robbery Flashcards
where is robbery defined
s8 of the theft act
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 or seeks to put any person in fear of being then and there subjected to force
what must d have appropriated
property belonging to another
why does d not have to escape with the property to amount to robbery and authority
the moment the appropriation is complete, there is a robbery CORCORAN V ANDERTON
CORCORAN V ANDERTON
there was a completed theft and force was used in order to steal. this was not attempted robbery
who can force be used on in order to steal
any person
who can d put in fear of force in order to steal
any person
how much force does d have to use where he uses force and authority
where d uses force, the amount of force can be small DAWSON AND JAMES
DAWSON AND JAMES
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
where would d put any person in fear of force
where v apprehends that force might be used if he/she resists in handing over the property
no force need be applied to v
what must force be used/threatened in order to do
steal
who must force be used/threatened upon and authority
any person P V DPP
P V DPP
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
HALE 1
there person on whom force is used/threatened, doesn’t have to be the person from whom the theft occurs
when must force be used/threatened
immediately before or at the time of the theft
what must be considered when the jury decide if force was used/threatened immediately before theft and why
all circumstances must be considered
what is important is that force is used/threatened in order to steal
what is the alternative to force having to be used immediately before/at time of theft
force must be used/threatened at the time of the theft
what can an appropriation be for the offence of robbery
a continuing act, should be left to jury to decide when it has stopped
HALE 2
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
is it robbery if D gets V to part with property by threatening to use force in the future
no
what must d have the mens rea of to satisfy the mens rea of robbery
mens rea of theft
what does the prosecution have to show to prove the mens rea of theft
when d appropriated the property, he was acting dishonestly and he had intention of permanently depriving the other person of it
can d be convicted of robbery if he hasn’t committed theft
no
ROBINSON
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
what must d have intended where he uses force or puts any person in fear of force
to use/threaten force on any person in order to steal
when must the prosecution show where d only seeks to put any person in fear of force in order to steal
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
B AND R V DPP
- 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
