Robbery Flashcards
(14 cards)
What section of the Theft Act 1968 contains the offence of robbery?
8
What does S8 of the Theft Act 1968 declare?
’ A person is guilty of robbery if he steals, and immediately before, or at the time of doing doing so, 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 ‘
What is the max sentence for Robbery?
Life imprisonment
What are the 5 components of Robbery?
a) Theft (AR+MR)
b) Force
c) Seeking to put someone in fear of force there and then
d) Force or threat of force must be used immediately before, or at the time of the theft
e) The force or threat of force must be in order to steal
What two cases are related to theft?
Robinson 1977 + Waters 2015
What is the cases where:
The defendant was owed money (£7) by a woman. He went to ask her for it and a fight developed between the defendant and the woman’s husband. During the fight a £5 note dropped out of the husband’s pocket. The defendant picked it up and kept it. He was convicted of robbery and appealed. He had honest belief he could take it.
D snatched girls phone and said he wouldnt return it unless her friend talked to him. Not guilty of robbery
Robinson 1977
Waters 2015
What is the Actus Reus of Robbery?
b) Force
c) Seeking to put someone in fear of force there and then
d) Force or threat of force must be used immediately before, or at the time of the theft
e) The force or threat of force must be in order to steal
What three cases are related to Force?
Is snatching sufficient force?
Lapier 1974 - Tearing earring out of ear
Hale 1978 - Tying someone up
Yes. Clouden 1987
P v DPP 2012 Taking cig/bag off lap not force. Picking pocket without jostling or force not robbery.
Where force is used in order to steal then the moment there is theft there is robbery - Corcoran v Anderton D ran off without bag but still guilty of robbery
Can seeking to put someone in fear then and there be implied?
Yes, can be express and implied, as long as D intends victim to understand & V does understand force will be used if he seeks to prevent theft. V not need actually be frightened.
Force or threat of force must be against person, not property. Clouden 1987
What is the case where snatching shopping bag out of womans grasp would be robbery as force used to take property away?
Clouden 1987
Force or threat of force must be used immediately at time or before - does this raise problems?
Yes, in deciding when it takes place, eg Hale 1978 & Lockley 1995
What is the case where DD broke into woman’s house and took her jewellery, tying her up afterwards, but appropriation of jewellery and tying her up seen as continuing act so upheld.
What is the case where D stole beer, shopkeeper tried to prevent him from doing so, D assaulted them to escape and it was seen as a continuing act so upheld.
Hale 1978
Lockley 1995
Is there robbery if forced is used merely to escape after?
No
What is the mens rea for Robbery?
Mens rea for theft & D must intend to use force to steal, if they do it negligently or accidentally not guilty. If D punches another and decides to steal after, not robbery.
