Robbery Flashcards
1
Q
Force used must be used for what
A
- Force used or threatened must be ‘in order’ to steal and must occur ‘immediately before’ or ‘at the time of stealing’.
- Not force used to escape
- Not if in a fight and a wallet is on the floor someone picks up the wallet and leaves. – 2x different offences; theft and assault.
- No definition for immediately before.
- Force must be ‘used’ in order to steal or the ‘putting in fear’ of force being used
- Snatching from the hand if no force used on the person is not robbery; stated case re cigarette.
- If a handbag is snatched and struggle ensued, then this will be a robbery
2
Q
Uses force means
A
- Can be used against the victim of theft or
- Be used against another person
3
Q
Can force be threatened/used against a third party
A
Yes but the person must understand that there is a threat
4
Q
The threat of force must be what?
A
Immediate