Unit 5 Lesson 5.4 + 5.5 Robbery + 178 Flashcards
Define robbery
A crime at common law committed when any person, who feloniously appropriates property, by means of threats of violence
Police powers in relation to robbery?
Common law crime so punishable by imprisonment and power of arrest provided under s1
What are the essential elements of robbery?
1) Violence or threats of violence
2) Intent to feloniously appropriate (steal) the property
3) Possession of the property by the robber
What is s178(1)(a) of the Road Traffic Act 1988?
States that a person who:-
- takes and drives away a motor vehicle
- without consent of the owner, or
- other lawful authority
Shall be guilty of an offence
Essential elements of 178(1)(a)?
A) The motor vehicle has been taken away
B) The motor vehicle has been driven
C) There was no consent from the owner
D) There was no lawful authority
What is s178(1)(b) of the RTA 1988?
A person who:-
- knowing that a motor vehicle has been taken
- drives it or allows themselves to be carried in or on it
- without such consent or authority
Shall be guilty of an offence
Essential elements of s178(1)(b)
A) knowledge that the motor vehicle has been taken without the owners consent or lawful authority
B) Driven the motor vehicle or allowed themselves to carried in it
C) No consent of the owner
D) No lawful authority
Defence for these?
S178(2)
You cannot be convicted if the defence can prove that either the accused had acted with reasonable belief that:-
1) they had lawful authority or
2) the owner would have granted permission had they been asked for it
Where does power of arrest come from?
Punishable by imprisonment, so you can arrest under s1
Theft or 178
If temporarily taken and then abandoned most relevant charge 178
If indication there is an intent to deprive permanently, then it’s theft
