Robbery

Question 1

What is the source of Robbery?

Answer 1

s.8 Theft Act

Question 2

What type of offence is Robbery?

Answer 2

Indictable

Question 3

What is the sentence for Robbery?

Answer 3

A discretionary life sentence

Question 4

What is the definition of Robbery?

Answer 4

You are guilty of robbery If you stole.
To steal, you use force on any person or seek to put any person in fear, this will equate to force.
Force must be used immediately before or at the time of stealing.

Question 5

What is a vital requirement of robbery?

Answer 5

That theft needs to have taken place.

Question 6

What cases outline the vital requirement of theft for robbery?

Answer 6

Robinson and Corcoran

Question 7

What does Robinson say?

Answer 7

That there was no theft so therefore there is no robbery.

Question 8

What are the details of Robinson?

Answer 8

The D threatened V with a knife in order to get money he was owed, he had no right to use the money but he had a defence under s.2.
Therefore no theft, no robbery.

Question 9

What did Corcoran say?

Answer 9

So robbery can occur without anything being taken.

Question 10

What are the details of Corcoran?

Answer 10

Two D’s tried to take a handbag by force, the bag fell from one of the D’s hands and they ran off without it.
The theft was still complete, so there was a robbery committed.

Question 11

What makes robbery robbery and not theft?

Answer 11

That there must be force used or threatened (fear).

Question 12

When must the force be used to be called robbery?

Answer 12

It must be immediately before or during the act of stealing

Question 13

What cases outline the rules for immediate force being used?

Answer 13

Hale and Lockley

Question 14

What does Hale say?

Answer 14

D’s entered V’s home, one went upstairs and stole items. Other D tried V up downstairs - continuing act. (ask sharon)

Question 15

Why does Hale cause confusion?

Answer 15

As it leaves a wide interpretation of what can be deemed a continuing act. This means the judge/ jury must decide what counts as a continuing act or not but there is no specific guidelines.

Question 16

What does Lockely say?

Answer 16

It confirmed the ruling in Hale, force used after D took beer still interpreted as robbery.

Question 17

What are the MR for robbery?

Answer 17

Dishonesty and intention to permenately deprive

Question 18

What happens if the force takes place after the theft has taken place?

Answer 18

It may not be robbery

Question 19

What does it mean as dishonesty as MR?

Answer 19

Was the defendant dishonest? you find this out be seeing if the defendant fails to qualify for the statutory defences and the Ivey test.

Question 20

What are the statutory defences used for dishonesty?

Answer 20

1. Did the defendant believe they have a right to the property
2. Did the defendant believe they would have had consent had they asked the owner?
3. The defendant claims they could not find the owner after taking the appropriate steps.
   If one of these apply they can defend against theft, and therefore robbery as it means you had no intention to steal (Robinson)

Question 21

What is the ivey test?

Answer 21

Would the ordinary reasonable person consider the defendant’s actions as dishonest?

Question 22

What does it mean by intention to permanently deprive

Answer 22

To treat the property as your own regardless of the owner’s rights. The jury must decide if the defendant did this. To complete the theft that is necessary for robbery.

Question 23

What is the cases that outline permently deprive?

Answer 23

Lavender, Lloyd, Velumyl

Question 24

What are the details of Lavender?

Answer 24

The defendant took the doors from a council flat and put them in his girlfriends house. He treated them as his own.

Question 25

What are the details of Lloyd?

Answer 25

If D uses the goodness and virtue, they will have permanently deprived the owner.

Question 26

What are the details of Velumyl?

Answer 26

D took the money from their employer’s safe but intended to return it. He had treated the money as his own and so this was theft.