Robbery - A/R Flashcards
What is Robbery defined as? (a/r)
Robbery is primarily defined as D stealing but at the time of stealing using force to do so. Assault with intent to rob.
What is the sentencing for robbery?
Life imprisonment
What is aggravated theft?
Aggravated theft is theft accompanied by force. It should be primarily noted that the force was used in order to steal.
The main a/r for theft -
AR for theft plus the use of force. Force is not defined in the TA 1968.
What do judges use for force definition?
It’s definitions are left to common law
What was established in the case of R v Dawson & James 1978?
A mere nudge will suffice as force but it must be used immediately before or at the time of the theft.
Court is flexible on the force rule.
What was established in the case of R v Hale 1979?
Appropriation was a continuing act so was still continuing at the time force was applied.
What did Eveleigh LJ state?
Appropriation is a continuing act
What was established in the case of B&R v DPP? (2007)
D must seek to put V in fear of force; BUT V does not have to be in fear or even recognize the force. It is D’s intention that matters.
What happened in the case of R v Lockley (1995)?
Court overruled GOMEZ as irrelevant as they found the theft was a continuing act thus this was robbery.
