Robberey

Question 1

Theft act 1968

Answer 1

S8 - a person is guilty of robbery if he steals and immediately before or at the time of doing son and in order to do 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

Question 2

Key elements of robbery

Answer 2

Theft

Force

Or putting any person in fear of force - the force must be immediately before or at the time of the theft and in order to steal

Mr
Intention to use force to steal

Question 3

R v zerei

Answer 3

D pulled a knife. Punched v and took his car keys.

Robbery requires a completed theft to take place

Question 4

R v waters 2015

Answer 4

D snatched v phone from her abd told her that she could have it back if one of her friends would speak to D. The police were immediately called to the scene and d was charged abd convicted of robbery. The court of appeal quashed the conviction because the evidence dud nit establish an intention to permanently deprive V of the phone. Ds condition of returning the phone could have been fulfilled in the near future. This meant that there was no theft, therefore, no robberies.

Question 5

Theft or robbery

Answer 5

Of force is used then robbery has happened the theft is complete

Carcoran v Anderson 1980

R v zereri

If no theft take place, e.g the v does not let go of the bag, then there is attempted theft and the dcould be charged with attempted robbery.

Question 6

Corcoran v Anderson 1980

Answer 6

One of the d hit a woman in the back and tugged her bag. She let go of the bag abd it fell to the ground. D ran off without the bag as the women was screaming and attracting attention

It was held the theft was complete so the d was guilty of robbery

Legal principle - when force is used to steal, the movement a theft is comeplte there is robbery

Question 7

R v Dawson and James

Answer 7

Needs to be a small amount of force

Legal principle - small amount of force can also be robbery

Question 8

R v clouden

Answer 8

Wrenched a shopping basket out the v handConfirmed the fact that a degree of force is needed even if it is a small amount

Question 9

R v DPP 2012

Answer 9

There was no need to show that v felt threatened, the d on,y has to seek to put any person in fear of being then and there subjected to force.

Question 10

Threat of force

Answer 10

If a v is unaware of the force (pickpocketing) then there is no robbery on,y theft

However fear of force is sufficient if the v is aware of it

The victim does not need to be frightened, it is enough that the d is trying to cause fear

Question 11

Fear immediately before or at the time of the theft

Answer 11

There are 2 issues with this doscription

1. How immediate is immediately before
   . A gang attack a bank finial in order to get the codes for the safe. The gang then drive to the bank and steal the money. Theft has taken place sometime after the force is this still robbery

2 when is the theft complete
This needs to be decided so it can be confirmed that the force was at the time of the ft

Question 12

R v hale 1979

Answer 12

Force needs to be before or during the theft

Question 13

R v lockley 1995

Answer 13

D was caught shoplifting cans of beer. He sees force on the shopkeeper who tried to stop his from escaping. D appealed on the basis that the theft was complet when he used dice but the court of appeal followed the decision in hale and unheld his conviction.

Legally - Followed the precedent in Hal’s that theft can be a continuing act

Question 14

Force in order to steal

Answer 14

Force mufirce has to be used with the purpose of stealing not hitting someone then seeing money and stealing it

Question 15

Mens Rea

Answer 15

,r of theft (dishonest and intention to permanently deprive)

Intention to use force to steal