Robbery S.8 Flashcards

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1
Q

S.8 says robbery requires…

A

(a) theft with;
(b) violence, or threat

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2
Q

Completed theft means

A

All the elements of theft (s.1-.6) must be present
If there is no theft, no robbery. Therefore force alone is not robbery

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3
Q

R v Walter’s 2015, CASE FACTS

A

W snatched V’s phone from her telling her she could have it back if one of her friends spoke with him

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4
Q

R v Walter’s 2015, OUTCOME

A

Charged and convicted with robbery, however CoA quashed the conviction bc there was no proof W intended to permanently deprive V of her phone.
His condition for returning the phone could have been “fulfilled in the near future”

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5
Q

Corcoran v Anderton 1980, OUTCOME

A

The moment force is used to steal then at the time theft is completed there is a robbery

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6
Q

R v Robinson, OUTCOME

A

There is no robbery where the D honestly believed that he had a legal right to the money

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7
Q

R v Dawson and James 1976, CASE FACTS

A

One of the D pushed V causing him to lose balance enabling the other D to take his wallet

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8
Q

R v Dawson and James 1976, OUTCOME

A

Force can be minimal, and the CoA said that it would be for the jury to decide if there had been force

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9
Q

P v DPP 2012, CASE FACTS

A

D snatched cigarette from V’s hand without touching V.

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10
Q

P v DPP 2012, OUTCOME

A

As there had been no direct contact it was held that there had been no force used on a person
-> Therefore not guilty of robbery

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11
Q

Robbery is complete when D puts or seeks___

A

Another person in fear of force, not necessary for force to be applied. Eg threatening words

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12
Q

Victim does not have to be…

A

Frightened, the fact that D sought to put V in fear is enough

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13
Q

B and R v DPP 2007, CASE FACTS

A

School boy was stopped and jumped by 5 other boys who asked for his phone and money. Another 6 joined, took his phone and £5, watch and travel card
-> V said he was not scared
Tried using this to appeal but no

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14
Q

On any person

A

Person threatened does not have to be the person suffering the theft, eg, bank robber may threaten to shoot a customer to force the bank to hand over the money

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15
Q

R v Hale 1979, CASE FACTS

A

2 D’s knocked on door, forced way in one held her down other rummaged through house took jewellery box. Before they eft tied her up

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16
Q

R v Hale 1979, OUTCOME

A

Argued on appeal the theft was complete and force was used later after, however CoA upheld convictions and it could be said first force was when they entered house, covered her mouth so tying her up later was an “ongoing act”

17
Q

R v Lockely 1995, CASE FACTS

A

L caught shoplifting cans of beer, used force on shop keeper who was trying to stop him.

18
Q

R v Lockely 1995, OUTCOME

A

The CoA followed the decision in Hale and said there was a “continuing act”

19
Q

Force in order to steal

A

The force must be used in order to steal, can’t be fight and then use opportunity to steal

20
Q

MR for robbery

A

Intention to permanently deprive
Intention to use force in order to steal