robrobbery

Question 1

act

Answer 1

s8 theft act

Question 2

def

Answer 2

 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.
 A person guilty of robbery, or of an assault with intent to rob, shall on conviction be liable to imprisonment for life

Question 3

stealing

Answer 3

ar and mr of theft

Question 4

2nd element

Answer 4

It must be shown that D has used or threatened to use force (put someone in fear) immediately before or at the time of the theft and in order to steal

Question 5

corcran v anderson

Answer 5

ran away without bag when it dropped. Theft was complete when they snatched handbag out of hands

Question 6

force

Answer 6

 D uses force,
D puts someone in fear of being subject to force, or
D seeks to put V in fear of force
Force must be used against a person – a pickpocket, applying no force to the person would be guilty of theft
Force must be used with the intention to steal – an accidental use of force cannot form the basis of a robbery charge

Question 7

dawson v james

Answer 7

The level of force need only be minimal - a push or a nudge causing victim to lose balance would be sufficient

Question 8

clouden

Answer 8

– followed a woman carrying a shopping basket, took it from her and ran away. Open to jury to find on the facts that force was used with intention to steal

Question 9

p v dpp

Answer 9

snatched cigarette from hand, no tpuch between the two just to the cigarette. Must be on the person

Question 10

martin

Answer 10

snatched key and phone from hand. Snatching or grabbing didn’t amount to use of force against a person

Question 11

b and r v dpp

Answer 11

A mere threat of force is sufficient – no need to show the victim was afraid

Question 12

mark thomas on force

Answer 12

Of course it is difficult to draw the line between sufficient and insufficient force, but if robbery is to continue to be regarded as a serious offence, triable only on indictment and punishable with life imprisonment, surely something more than a bump, a push, or a pull should be required

Question 13

hale

Answer 13

forced way into v house, one of them held hand over v mouth whilst the other stole. Then tied her up, stole jewellery before using force. Appropriation was a continuing act, force was used to enable them to steal

Question 14

lockley

Answer 14

took cans from off licence then used force when approached by worker. Appropriation could be seen as a continuing act.

Question 15

mr

Answer 15

mr for theft
force intentional

Question 16

robinson

Answer 16

D ran a clothing club to which V’s wife owed £7. D and others met V and threatened him. In the fight, £5 fell from V’s pocket. D took it and claimed that he was still owed £2. His conviction for robbery was quashed because of his honest belief in entitlement to the money. It was not necessary for him to establish an honest belief that he was entitled to take the money in the way that he did.

Question 17

Smith, Plummer, Haines [2010] EWCA Crim 66

Answer 17

Where Class A drugs are stolen from V by force, it will be no defence to argue that V’s possession of the drugs was unlawful and that, consequently, no property had been stolen. Otherwise, the drug-misusing community would be free to steal and rob from each other with impunity.