PO: Robbery Flashcards
(8 cards)
Define Robbery
S8 of the Theft Act 1968 - states a person is guilty of robbery if her steals and immediately before for at the time of doing so and in order to d so he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.
Explain Completed theft
There must be a completed theft this means the AR and MR of the crime needs to be satisfied
(Cocoran v Anderton)
(R v Waters)
Explain Force and threat of force
The prosecution must proove that force or threat of force was used agaisnt V
The amount of force can be small and takes its ordinary meaning
(R v Dawson v James)
Robbery will be committee if the v is frightened by th ds words or action
Explain force at the time of stealing
There is a wide definition of force to allow minor gaps in time, courts will view some as a continuing act. This is a matter fro jury (R v Hale)
Explain force used as an escape
Force used ignorer to escape is treated as force used in order to steal, however if D is running down the street and uses force this is not robbery (R v Lockley)
In addition, the accidental infliction of force during the theft is also not a robbery.
Explain the case of R v Cloud
D pulled vs bag off her knee, it was held that this was a sufficient force for robbery but pickpocketing doesn’t suffice for robbery.
Explain the case of P v DPP
Snatching is not a sufficient force - in this case Vs cigarette was snatched from her hand this was not classed as a robbery.
Explain The MR for Robbery
D must have the MR for theft which is the D having the dishonesty and the intention to permanently deprive the V.
This is also the intention to use force to steal (intention to use force for anything other than to steal wouldn’t suffice fro robbery.)