Robbery Flashcards
Where is robbery found and what is the definition?
S8 Theft Act 1968 - 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, uses force on any person or puts/seeks to put any person in fear of being then and there subjected to force
What does the case of R v Robinson show?
That if any of the elements of theft are missing, there cannot be a robbery
Which case shows that when force is used to steal, then the moment the theft is complete, there is also a robbery?
Corcoran v Anderton
What does the case of R v Dawson and James show?
Even a small/slight touch can amount to ‘force’ - it is a question for the jury to decide
Which case shows that force can be applied indirectly (ie. through the object)?
R v Clouden
What does the case of B and R v DPP show?
It doesn’t matter if V didn’t feel threatened, it is about whether or not D had the intention to make V feel threatened
Which case shows that the force can be on anyone, not just the victim of the theft?
Smith v Desmond
What does the case of Hale show?
If force comes after the theft, courts may use a continuing act to make the two coincide
What is the case for using force in order to steal and what does it show?
R v Lockley - shows that this includes force used to escape after stealing and when force is used/threatened during a continuing theft
What is the mens rea needed for robbery?
D needs the intention to use/threaten force in order to steal