ROBBERY - PROPERTY OFFENCES (paper 1) Flashcards
1
Q
Definition
A
- defined in S8 of the theft act 1968
- “a person is guilty of robbery if he steals and immediately or at the time of doing so, and in order to do so, he uses FORCE on any person or puts to seek to put any person in fear or being subjected to force”
2
Q
What is robbery?
A
- an aggravated form of theft
- the AR + MR must be proved for theft first
- if of theft then they can’t be convited of robbery
- “force must be used in order to steal”
3
Q
Key case - Corcoran v Anderton (1980)
A
- D and friend agreed to steal a bag from V
- they hit her and tugged at bag, V fell to ground and they ran off empty handed
- D was convicted of robbery but appealed saying he had not appropriated property
- condition was upheld as there’s no requirement that D has sole control of the property
4
Q
AR of robbery
A
- AR of theft (appropriation/belonging to another)
- PLUS (any)
- D uses force to steal
- D puts a person in fear of force in order to steal
- D seeks to put a person in fear of force to steal
5
Q
AR - how much force?
A
- not denied in act, so case law
- for jury to decide what force means and how much will be sufficient for robbery (R v Dawson & James)
- Doesn’t have to be serious/strong
- threatening words can be force
- V doesn’t have to be afraid of force (R and B v DPP)
- force can be sued against proper and is indirectly applied to the victim
6
Q
Robinson (1977)
A
- D got into struggle with man whose wife believed owed him money
- V dropped money and V picked up $5 and kept it
- convicted of robbery but was quashed as he had not appropriated MR for theft as he believed the $5 belonged to him
- no dishonesty based on S2(1) of theft act
7
Q
Dawson & James (1978)
A
- D nudged a man so he lost his balance + another man behind could take his wallet
- CA said that “force” is given in its plain and ordinary meaning and that it is for the jury to decide if force has been used in each case
8
Q
Clouded (1987)
A
- D wrenched a bag from V’s hand
- held as there is no need for force to be direct at V
- force can be used against property and indirectly to person
9
Q
P v DPP
A
- D was in a group of boys walking past V, they asked for a cigarette and she said she didn’t have one so they snatched cig from her hand
- theft as there as no physical contact (force is different from violence)
10
Q
B v R and DPP
A
- D’s were school boys who pushed and held another boy while they took phone, Monet and travel card
- V said they were shocked not scared
- CA held that force could be expressed/implied
- the fact D was not afraid didn’t matter
11
Q
AR - who can force be used on?
A
- force can be used on any person
- force doesn’t have to be used on the person from whom property is taken/stolen (Clouden)
12
Q
AR - threats used as force - Bentham (2005)
A
- D broke into old employers house + put fingers in his jacket to look as though he had gun
- demanded jewellery & money & threatened to shoot
- V handed over Money
- D was charged with robbery
- had subjected fear to V, didn’t matter that there was no gun
13
Q
AR - Timing
A
- force must be; immediately before or at the time of stealing
- robbery can be treated as one long continuing act (R v hale, R v Lockley)
14
Q
Key case - R v Hale (1979)
A
- D forced way into female V’s house + when she answered D put his hand over her mouth to stop her screaming
- they stole jewellery and tied her up as they left. D was convicted of robbery.
- D tired to argue that the force used was not used immodesty before it at the time of stealing
- did not matter and was treated as a continuing act
15
Q
Key case - R v Lockley (1995)
A
- D caught shoplifting but then used force on security guard to escape
- D tired to rogue that the force used was after the appropriation
- followed decision in Hale (continuing act)
16
Q
MR for robbery
A
- it is the MR for theft
- Dishonesty and intention to perfectly deprive (plus intention to use force to steal)
17
Q
When is robbery complete?
A
- when the appropriation is completed
- In Corcoran - the appropriation was complete when the D’s had hold of the bag, even though they didn’t runaway with it
18
Q
Sentencing of robbery
A
- max sentence is life imprisonment
- 2010 - 59% conceited of robbery were given a custodial sentence
- Lord Woolf recommended that mobile phone theft should result in a community sentence particularly If young offender
