WYP SC Final Exam - Robbery Flashcards
What is section 8 of the theft act?
Robbery
What is the definition of robbery?
A person commits robbery IF He steals AND Immediately before OR At the time of doing so AND In order to do so HE/SHE Uses force on any person OR Puts or seeks to put any person in fear of being then and there subjected to force.
What is TWOC
Taking without Owners Consent.
- A person commits an offence who:
- Without consent of the owner or other lawful authority takes a conveyance for his own or another’s use,
OR - Knowing that a conveyance has been taken without authority, drives it OR allows himself to be carried in or on it
What is section 12(1) of the theft act
TWOC (taking a conveyance)
What makes a conveyance
Conveyance: (someone that is constructed to be ridden)
This means: any conveyance constructed or adapted for the carriage of a person or persons by land, water and air.
How is something not a conveyance
Something that is constructed or adapted only for use under the control of a person not carried in or on it.
e.g. animals, trolleys, milk floats, post office carts
Pedal Cycles are NOT conveyances
When would something not be TWOC
Consent will be valid if:
- Consent was given.
- The person taking the conveyance has a genuine belief that the owner would have consented.
When would consent not be valid in relation to TWOC
Consent will not be valid if:
- Obtained by threats of violence or intimidation.
- The person goes beyond the scope of the permission given – so called ‘conditional consent’.
- Obtained by deception. (Lying about where you are going)