Robbery Cases Flashcards
(19 cards)
There must be a theft defined in S.(…) as the dishonest appropriation of property belonging to another
S.1
Under S.(…) there is an appropriation (…)
S.3, MORRIS, LAWRENCE, HINKS
If relevant: appropriation can take place even if D leaves the property behind
CORCORAN and ANDERTON
Under S.(…) the property (…)
S.4, KELLY and LINDSAY
Under S.(…) the property did belong to another (…)
S.5, HALL, WEBSTER
Secondly, there must be a completed theft
CORCORAN v ANDERTON / ZEREI
If relevant: the theft need not be from the owner of the property
SMITH v DESMOND HALL
If actual force used: the amount of force can be small
DAWSON and JAMES
If actual force used: no need for direct contact
CLOUDEN
If actual force used: force must be more than trivial and cannot simply be taking from a passive victim
P v DPP
If threat used: the victim need not be in actual fear
B and R v DPP
If threat used: the force must be threatened to be used “then and there”
KHAN
Fourthly, the use or threat of force must be immediately before or at the time of the stealing including a ‘continuing act’
HALE
Fifthly, the use or threat of force must be used in order to steal
LOCKLEY / VINALL
Firstly the MR of theft under S.(…) is that D must be dishonest.
S.2
The 2 stage test established in … recently confirmed in… is used
IVEY v GENTING CASINOS, BARTON AND BOOTH
If relevant: D may not be guilty of robbery as he had an honest belief that he was entitled to the money
ROBINSON
Under S.(…) there is an IPD by disposing of or treating the property as his own …
6, DPP v LAVENDER RAPHAEL LLOYD
Secondly, there was a specific / direct intention to use [or threaten] force defined in … as deciding to bring about a consequence
MOHAN
