Robbery Flashcards
Theft Act 1968 section 9/10
D is guilty of burglary if he enters any building or part of a building as a trespasser with intent and, having entered, steals or attempts to steal anything OR inflicts/attempts to inflict GBH.
Theft Act 1968 Section 8
A person is guilty of robbery if he steals and, immediately before or at time, and in order to do so, he uses force or seeks to put a person of being subjected to force.
Corcoran v Anderton 1980
D1/2 saw V walking in the street.
D2 struck her in the back and grabbed her bag, D1 participated.
V screamed and fell.
D2 did not have full control of the bag, ran off.
Charged w/ robbery.
Appeal: As D did not have control of the bag the actus reus was not made out.
Held: D exercised sufficient control to amount to assumption of rights.
Conviction sound.
Appeal dismissed.
R v Clouden 1985
D approached V from behind. Wrenched basket from hands, made off with it. Appeal: Force applied to basket, not V. Held: Old distinction, now gone. Appeal dismissed.
R v Dawson 1977
D part of navy, waiting for transport to ship.
Jostled by two men, a third took his wallet.
Certified question: Did the jostling amount to application of force within robbery? Theft proven beyond doubt.
Held: No. Matter for jury using common sense.
Appeal denied.
R v Vinall & J 2012
Two young men cycling, came upon group of three others.
One cyclist punched from bike, chased away.
Group walked off w/ bicycle, at one point riding.
Three caught by police, bicycle found abandoned near crime scene.
Judge directed that jury could take abandonment to be assumption of rights of owner.
Held on appeal that this confused appropriation and intention, both had to coincide.
Convictions unsafe, quashed.
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