Robbery and Blackmail Flashcards
1
Q
Theft Act 1968 s.8
Definition of Robbery
A
- (1) 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.
- (2) A person guilty of robbery… shall on conviction on indictment be liable to imprisonment for life.”
AR
- A/R for Theft
- Using or “threatening” force on any person
- Immediately before or at the time of theft
MR
- Defendant must act with:
- The mens rea of theft; and
- Must also intend to use force in order to steal
2
Q
Theft
Elements of Actus Reus
Robbery
A
- Robbery is an aggravated form or theft, and thus a conviction for robbery will only follow if all the elements of theft as defined in TA 1968 s(1) are satisfied.
- Actus reus for theft: Appropriation, Property, Belonging to another
- Mens Rea for theft : Dishonesty, Intention to permanently deprive.
3
Q
R v Robinson
Theft
Elements of Actus Reus
Robbery
A
- Robinson believed victim’s wife owed him some money; threatened victim, £5 fell out of pocket and Robinson took. Robinson not guilty of murder because he genuinely believed that he had a right to take it so wasn’t behaving dishonestly.
4
Q
R v Mitchell
Theft
Elements of Actus Reus
Robbery
A
- Mitchell in a car being chased by police; drove into some bollards; other side was lady in a BMW, dragged the owner out and drove off; car discovered with hazard lights on and all the doors open; Court decided had done nothing with the car to risk its loss or intention to permanently deprive so could be no theft so no robbery
5
Q
Force / Threats of Force
Elements of Actus Reus
Robbery
A
- This element is satisfied if:
- (i) D uses force on any person
- or
- (ii) Puts any person in fear of being there and then subjected to force
- or
- (iii) Seeks to put any person in fear being there and then subjected to force
6
Q
R v Dawson and James
Use of Force
Elements of Actus Reus
Robbery
A
- Force does not have to substantial.
- Victim nudged and jostled by one or more of the defendants and other man took his wallet. Enough for force
7
Q
R v Clouden
Use of Force
Elements of Actus Reus
Robbery
A
- Force can be indirect/applied via an object.
- Wrenched shopping bag out of victims hand and this constituted force
8
Q
P and Others v DPP
Use of Force
Elements of Actus Reus
Robbery
A
- Taking a cigarette from a person who had been smoking it – this did not count as sufficient force
9
Q
R v DPP
Put a Person in Fear
Elements of Actus Reus
Robbery
A
- No need to apply physical force. Apprehension of force by the victim is sufficient.
- Some gaps in law on force - Force being used on a person’s dog or a threat made to a new born baby who is not capable of fearing that threat;
10
Q
R v Taylor
Seeks to Put in Fear
Elements of Actus Reus
Robbery
A
- Taylor went into a post office, went up to counter handed over a note saying he would shoot one of the customers if they didn’t hand over the money; cashiers were behind bulletproof glass and customers were not aware of the threat; law states have to be in fear of their own safety; cashiers were aware of the threat but didn’t fear for themselves.
- Therefore, nobody had been subjected to force nor had he sought to subject anyone to fear or force so no robbery
11
Q
R v Hale
Immediately Before or at the Time of Stealing
Elements of Actus Reus
Robbery
A
- Appropriation can be a continuing act
- Hale and accomplice entered victim’s house and stole jewellery; Hale held hand over victim’s mouth to stop her screaming before stole the jewellery and then tied her up afterwards – appropriation was complete at the point the jewellery box was picked up so prosecution couldn’t rely on the act of tying her up afterwards; CoA disagreed – appropriation can be a continuing act – jury decide whether appropriation is over or not
12
Q
R v Donaghy and Marshall
Immediately Before or at the Time of Stealing
Elements of Actus Reus
Robbery
A
- Threatened a taxi driver by pretending they had a gun. On arrival stole £22 but didn’t repeat earlier threat.
- CoA said jury had to be satisfied that the threat was still operating on the victim and the defendant was aware of this. Not established so acquitted.
13
Q
Definition of Blackmail
A
- Theft Act 1968 s 21
- “A person is guilty of Blackmail if, with a view to a gain for himself or another or with intent to cause loss to another, he makes an unwarranted demand with menaces …”
AR
- Making a demand
- With menaces
MR
- Unwarranted menaces
- View to gain or intent to cause loss
14
Q
R v Collister & Warhurst
Demand
Actus Reus
Blackmail
A
- Demand can be express or implied
- 3 people pretended to be police officers and implied they were going to charge the victim with importuning in a public lavatory – “this is going to look very bad for you” – meeting arranged for next day and made clear a report on alleged conduct had been typed up and only be used if he failed to turn up. Next day turned up and asked him if he brought anything with him. Although no express demand was made an ordinary or reasonable man would realise a demand was being placed upon him.
15
Q
Treacy v DPP
Demand
Actus Reus
Blackmail
A
- A demand made by post is made when and where the letter is posted.
- An Oral demand made when uttered even if not heard.
