U1B: Robbery Flashcards
What is Robbery?
-Theft aggravated by the threat or use of force
Which act and section defines Robbery?
-Theft Act 1968, s.8:
What does Theft Act 1968, s.8 say about Robbery?
-‘A person is guilty of robbery if he steals, AND immediately before or at the time of doing so, he uses force on any person or puts or seeks to put any person in fear of being subjected to *force.’ *
What type of Offence is Robbery?
Indictable
What is the maximum Sentence for Robbery?
-Life
What are the two elements needed to be established for the AR of Robbery?
-AR of theft: appropriation of property belong to another PLUS
-Force or putting or seeking to put any person in fear of subjection to force immediately before or at the time of stealing.
What must you consider for the AR of Robbery?
-Appropiation
-Applying force
-Meaning of force
-Threat of force
-Timing of force
What is the ruling on appropiation in Robbery + what is a case example of this?
-The appropriation (stealing) does not have to be complete, as long as the defendant assumes one of the rights of the owner
-Corcoran v Anderton
What is the ruling of applying force in Robbery + a case example for this?
-Does not need to be applied directly to the victim but can be applied to the property
-R v Clouden
How is the word ‘force’ interpreted/ defined as, and what is a case example of this?
-“Force” = as the ordinary sense of the word – does not require any
violence.
-Must be sufficient to be
noticed, but NOT necessarily by the victim
-R v Dawson and James
What is the ruling on the THREAT of force in Robbery and a case example for this?
-As long as the D’s
intention is to create fear, it DOESN’T matter if threat was not real
OR
-if fear was ACTUALLY created
-B and R v DPP
What is the ruling on the TIMING of the threat + a case example of this?
-Force/ threat must take place immediately before, or at the time of, stealing
-Stealing could be seen as a continuous act
-Are limits to how long a theft can continue for
-R v Hale
What are the two elements needed to be established for the Mens Rea of Robbery?
1) MR of Theft- dishonesty + intention to permanently deprive
2) Intentional OR reckless application/threat of force
What are ALL the cases and rulings needed for Robbery?
ALL ROBBERY CASES ABOUT THE AR:
-Appropiation doesn’t have to be complete: -Corcoran v Anderton
-Force can be applied to the property too: -R v Clouden
-Interpretation of force: -R v Dawson and James
-Threat of force: -B and R v DPP
-Timing of force: -R v Hale
