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*NEW-L-Robbery and Burglary > Robbery > Flashcards

Robbery Flashcards

1
Q

Robbery is an offence under what?

A

s.8 of the Theft Act 1968

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2
Q

In effect, what is robbery?

A

it is a theft which is aggravated by the use or threat of force

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3
Q

What does s.8 of the Theft Act 1968 say?

A

that “a person is guilty of robbery if he steals, and immediately before or at the time of doing so, uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force”

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4
Q

What are the elements of the actus reus for Robbery?

A

theft

force or putting or seeking to put any person in fear of force

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5
Q

What are the two conditions for the force used in order to fulfil the actus reus of robbery?

A

that it must be immediately before or at the time of the theft, and that it must be in order to steal

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6
Q

What are the elements for the mens rea of robbery?

A
  • mens rea for theft

- intended to use force to steal

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7
Q

What must there be for a robbery to have been committed?

A

a completed theft

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8
Q

What does it mean when a completed theft must have been committed for there to have been a robbery?

A

this means that all the elements of theft have to be present, if any are missing there would be no robbery as there would be no theft

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9
Q

What case reflects that using force cannot make it into robbery if D steals a car but then abandons it near by?

A

Zerei

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10
Q

What happened in the case of Zerei?

A

D pulled a knife out and took Vs car which he abandoned near by. D was convicted of robbery but this was quashed on appeal as D did not permanently deprive V.

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11
Q

D pulled a knife out and took Vs car which he abandoned near by. D was convicted of robbery but this was quashed on appeal as D did not permanently deprive V.
What case is this?

A

Zerei

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12
Q

What does the case of Robinson demonstrate?

A

that if the elements of theft are not complete then there cannot be a robbery

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13
Q

What happened in the case of Robinson?

A

D threatened V who owed him £7, and in the struggle he took Vs £5 note which fell to the floor. Conviction for robbery quashed as D had a genuine belief that he had a right in law to the money, not dishonest under s.2(1)(a)

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14
Q

D threatened V who owed him £7, and in the struggle he took Vs £5 note which fell to the floor. Conviction for robbery quashed as D had a genuine belief that he had a right in law to the money, not dishonest under s.2(1)(a)
What case is this?

A

Robinson

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15
Q

What case demonstrates that where force is used to steal, then the moment the theft is completed there is a robbery?

A

Corcoran v Anderton

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16
Q

What case demonstrates that if the elements of theft are not completed then there cannot be a robbery?

A

Robinson

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17
Q

What happened in the case of Corcoran v Anderton?

A

Ds hit V in the back, and tugged at her bag. V dropped the bag but Ds ran away due to the attention of the scene. It was held there was a theft complete so they were guilty of robbery

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18
Q

Ds hit V in the back, and tugged at her bag. V dropped the bag but Ds ran away due to the attention of the scene. It was held there was a theft complete so they were guilty of robbery
What case is this?

A

Corcoran v Anderton

19
Q

When would the defendants in Corcoran v Anderton not be guilty of robbery?

A

If V had not let go of the bag, as this would have been an attempted theft- could not have been charged with attempted robbery

20
Q

As well as theft, the prosecution must prove force or the threat of force. The amount of force can be small. What case shows this and what case confirmed this?

A
  • Dawson and James

- Clouden

21
Q

What happened in the case of Dawson and James?

A

one D pushed V causing him to lose balance, whilst enabling the other D to take his wallet. Connected of robbery as ‘force; was for the jury to decide

22
Q

one D pushed V causing him to lose balance, whilst enabling the other D to take his wallet. Connected of robbery as ‘force; was for the jury to decide
What case is this?

A

Dawson and James

23
Q

What case confirmed Dawson and James that the amount of force can be small?

A

Clouden

24
Q

What happened in the case of Clouden?

A

The COA held that D was guilty of robbery when he wrenched a shopping basket from Vs hand as it was up for the jury to decide.

25
Q

The COA held that D was guilty of robbery when he wrenched a shopping basket from Vs hand as it was up for the jury to decide.
What case is this?

A

Clouded

26
Q

What case decided that as there had been no direct contact between D and V then it could not be force ‘used on a person’ therefore D was not guilty of robbery?

A

P v DPP

27
Q

What happened in the case of P V DPP?

A

D snatched a cigarette from Vs hand without touching V. D was not guilty of robbery as there had even no force which had been used ‘on a person’

28
Q

D snatched a cigarette from Vs hand without touching V. D was not guilty of robbery as there had even no force which had been used ‘on a person’
What case is this?

A

P v DPP

29
Q

When could pickpocketing amount to robbery?

A

If the Defendant or accomplice jostles (bumps) V in order to distract them from the theft, this could be force

30
Q

It is sufficient to put V in fear of being there and then subjected to force to commit a robbery. Such as in what instance?

A

in the instance that D threatens “ I have a knife and ill use it if you dont give me your wallet”

31
Q

A robbery is committed even if the victim is not actually frightened of Ds actions or words, as long as D seeks to put V in fear of being then and there subjected to force. What case illustrates this fact?

A

B and R v DPP

32
Q

What happened in the case of B and R v DPP?

A

V, schoolboy was asked by other school boys who surrounded him for his phone and money. No serious violence was used, but he was pushed. Ds were convicted of robbery as there was no need to show that the victim felt threatened, there was implied force through surrounding V and some force was used by pushing him

33
Q

V, schoolboy was asked by other school boys who surrounded him for his phone and money. No serious violence was used, but he was pushed. Ds were convicted of robbery as there was no need to show that the victim felt threatened, there was implied force through surrounding V and some force was used by pushing him
What case is this?

A

B and R v DPP

34
Q

For there to be a robbery there must be force or the fear of force on any person, what does ‘on any person mean?

A

this means that the person who D has used force on does not have to be the person threatened or stolen from.
example-A gunman threatening a customers life if the bank official does not give him money out the safe. The fact it is not the customers property does not matter

35
Q

When must the force be used for there to be a robbery?

A

immediately before or at the time of the theft

36
Q

What are two problems with the fact that force must be used either immediately before or at the time of the theft for there to a robbery?

A
  • How immediate does ‘immediately before’ have to be? does an hour constitute?
  • When is the point at which the theft is completed so that the force is not ‘at the time of stealing’?
37
Q

What case considered the issue of at which point a theft is completed so that force is not ‘at the time of stealing’?

A

Hale

38
Q

What happened in the case of Hale?

A

Ds forced their way into Vs house, putting their hand over Vs mouth to stop her screaming while the other stole jewellery. Before they left the house, they tied her up. Defendants argued that the theft was complete as soon as they stole the jewellery and so the force of tying her up was not at the time of stealing. COA upheld convictions as force was used before the theft and tying up V could also be force as the theft was on going

39
Q

Ds forced their way into Vs house, putting their hand over Vs mouth to stop her screaming while the other stole jewellery. Before they left the house, they tied her up. Defendants argued that the theft was complete as soon as they stole the jewellery and so the force of tying her up was not at the time of stealing. COA upheld convictions as force was used before the theft and tying up V could also be force as the theft was on going
What case is this?

A

Hale

40
Q

The decision in Hale was followed by which case?

A

Lockley

41
Q

What happened in the case of Lockley?

A

D was caught shoplifting, D used force to escape. D argued the theft was complete when he used the force, the COA upheld the conviction of robbery following the case of Hale that the theft was on going

42
Q

D was caught shoplifting, D used force to escape. D argued the theft was complete when he used the force, the COA upheld the conviction of robbery following the case of Hale that the theft was on going
What case is this?

A

Lockley

43
Q

The force must be used in order to steal so if the force was not used for this purpose then any later theft will not make it into robbery. What example?

A

Of D has an argument with V and knocks him out then sees he has money, this is not used for the purpose of the and so not robbery. Two separate offences

44
Q

What is the mens rea for theft which is needed for the mens rea of robbery?

A

that D must be dishonest and must intend to permanently deprive the other of property. Must also intend to used force to steal

*NEW-L-Robbery and Burglary (3 decks)

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