Robbery Flashcards
(11 cards)
Whats the definition of robbery?
Robbery is defined in S8 of the Theft Act 1968 as stealing, and immediately before or at the time of stealing, and in order to steal, using or threatening force.
What is the AR of robbery?
The AR is theft, plus the use or threat of force, at the time of stealing, and in order to steal.
What is the first condition for robbery? Include the case.
There must be a theft defined in S1 as the dishonest appropriation of property belonging to another. (Corcoran Vs Anderton).
What is the second condition for robbery? Include the case.
There must be a completed theft. (Zerei).
Does the theft need to be from the owner of the property?
The theft need not be from the owner of the property.
What is the third condition for robbery? Include the case.
There must be the use or threat of force. The jury must decide what constitutes force, and the amount of force can be small, with no need for direct contact. The force can be against any person not only the victim of the theft. Must be more than trivial force, not taking from a passive victim.
(P Vs DPP).
When must the force have been threatened to be used?
“Then and there”.
Does force have to be used?
No. A threat of the use of force is enough.
What is the fourth condition for robbery? Include the case.
The use or threat of force must be immediately before or at the time of the stealing, including a “continuing act”. (Hale).
What is the fifth condition for robbery? Include the case.
The use or threat of force must be used in order to steal. (Lockley).
What is the MR of robbery? Include a case.
The MR is the MR of theft plus an intent to use or threaten force.
(Robinson).
