Robbery Flashcards
Robbery
S8 Theft Act 1968
D steals, and immediately before or at the time of doing so, and in order to do so, uses force on any person or seeks to put any person in fear of being then and there subjected to force.
Completed theft
Appropriaiton, property, belonging to another, dishonesty, intent to permanently derpive
CASE:
Robinson- D threatened V and took £5 which V dropped during struggle. D believed he had right to the money as V owed his wife £7. no dishonety. no completed theft.
Corcoran v Anderton- D hit woman and tugged at her bag. V let go of bag and it fell to the ground. Ds ran off wihtout the bag as V was drawing too much attention. There was a completed theft so guilty of robbery.
Force
Not defined
CASE:
Dawson and James- “a nudge is enough”, up to jury to decide wif what occurred amounts to force
Clouden- D wrenched shopping basket out of V’s grasp and ran off with it. Whether force was used was to be answered by the jury
P v DPP: D snatched cigarette from V’s hand without touching V in any way. This was theft not robbery (likened to taking something from someone’s pocket)
Threat of force
CASES:
Bentham- D positioned fingers in pocket to look like gun, doesn’t matter that the threat wasn’t real, enough that there was intention to cause fear
B and R v DPP- five boys took V’s wallet and watch, doesn’t matter that V wasn’t scared, still intention to cause fear so still robbery
On any person
Force doesn’t have to be used on the victim of the theft
Immediately before or at the time of the theft
CASES:
Hale- Burglars took jewellery box then tied V up, decided that the theft was a continuing act when V was tied up, therefore robbery
Lockey- D used force on shopkeeper who tried to stop him escaping while shoplifiting beer
Corcoran & Anderton- Robbery is committed at the point of appropriation, even where the robber fails
In order to steal
Force used for other purposes does not become a robbery if D later decides to steal.
Mens Rea
D must have MR of theft (dishonesty & intention to permanently deprive).
There must be be the intention to use force or threat of force to steal.
Mohan- (drove at police officeer) direct intent
Woolin- (thre baby on floor and it died) indirect intent
