Property: Robbery Flashcards
What type of offence is robbery?
Indictable
What is the maximum sentence for robbery?
Life imprisonment
What act does robbery come under?
S.8 Theft Act 1968
What does S.8 Theft Act 1968 define robbery as?
A person is guilty of robbery is he steals, and immediatelty before or at the time of doing so, he uses force on any person or seeks to put the person in fear of being subjected to force
What is steal defined as?
Must be a complete theft
D doesn’t need to succeed in getting away with property
What is a case for steal?
Corcoran v Anderton
What is force/threat of force defined as?
Amount of force can be small and doesn’t need to be applied directly to victim, can be applied to property
E.g., nudge (Dawson and James)
What happened in P v DPP?
D snatched cigarrette from V’s hand, didnt touch V
No force used so not guilty of robbery
What does S.8 state with regards to threat of force?
There must be a threat of force
Don’t need to be aware/fearful
What happened in Bentham?
The D making the impression of a gun in his pocket was the threat of force so was guilty of robbery
What is immediately before or at the time of doing so defines as?
Force must occur before or at the same time as the theft
If force happens after theft, it won’t be considered a robbery but two separate offences
What is a continuing act?
Courts can make act of theft a continuing act so the force occurs at the same time
What happened in Hale?
Force was used to steal so theft was still ongoing
What happened in Lockley?
Confirmed an appropriation can be a continuing act
What is in order to so defined as?
Force or threat of force must be used ‘in order to’ steal
