robbery Flashcards
Timeline of the offence
The Larceny Act 1916 - old definition
CLRC report - codified and reformed robbery
The Theft Act 1968, S.8 - current definition of robbery
Elements of robbery
theft - all 5 elements
force - or threatened use of force
timing - immediate or at the same time
purpose - force used in order to steal
Corcoran v Anderton
handbag was attempted to be snatched
guilty - had secret intent so all 5 elements of theft
- sole possession was not needed
- robbery didn’t have to be successful
Robinson
defendant was owed £7 and took £5 from the victim
not guilty - s.2.1a he believed he had a legal right to money so was not theft so not robbery
- COA confirmed all 5 elements are require
Forrester
£200 deposit was refused to be paid back so D stole £200 worth of items
guilty - s.2.1a failed as he was dishonest as he had a legal right to the money not the furniture
Dawson and James - test for robbery
professional pick pocketers nudged the victim
guilty - test, force doesn’t need to be substantial but significant enough to modify movement
Clouden
bag snatch from behind, no resistance
guilty - resistance not needed, indirect force was enough, goes against CLRC ‘mere snatch from unresisting owner’ is not robbery
RP v DPP
cigarette taken with 0 contact- force against property isn’t enough for robbery
not guilty - just theft
Bentham
ex boss broke in with a pretend gun
guilty - seeking to put D in fear, victims perseption is irrelevant
B and R v DPP
gang of school boys - 1st 5, took stuff - 2nd 5 circled and watched
guilty - 1st 5 actual force - 2nd 5 implied force
Hale
jewellery box taken, tied her up after
guilty - continuing until they left, tied her up at the same time of the theft
Lockley
D stole beer and pushed owner over on the way out
guilty - continuing whilst he was still in the store
COA allowed escape
Donaghy
threatened taxi driver to take him somewhere and then stole £22 at the end
not guilty - the initial threats weren’t made to steel
