What is force Flashcards
Has force been defined
no
how did parliament come to the conclusion to use force instead of violence as per the Larceny Act
The Criminal law revision committee suggested the use of force would be more appropriate
Why would they use force over violence
because violence is more severe, so the net is wider to catch D
The definition has been left to the jury to decide, however what clarification has been given to what amounts to force
it need not be substantial
Which case indicated that the force used need not be substantial
R V Dawson and James- D nudged V so he lost his balance and then took his wallet
Where was it confirmed that force need not be substantial
R V Clouden
Can robbery be committed by grabbing a shopping bad from V
Yes as in clouden: Ca held that applying force to the bag was applying force to V aswell- it held the force could deb indirect
If a thief snatches a bag off someones lap is this a robbery
no
Why did the Criminal Law review Committee not approve of the use of indirect force
because it could lead to a significant increase in the number of robbery offences
What is the consequence of minimal force regarding juries
it could lead to inconsistent decisions
Does the force have to be directed against the owner
no- it can be directed against anyone
What must V seek to do
put V in fear of force
Normally when V seeks to put fear of force in V what must V be
aware of the threat and may be fearful of it
Does V have to be fearful of the force
no i.e V could be blind and not seek the threat of force but D still seeks to put V in fear of force
Are threatening words or gestures enough
yes
