Criminal Law - Robbery (zoom in to see)

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  • Robbery
    • s8 Theft Act 1968...
      • Completed theft.
      • Use or threat of force immediately before or at the time of the theft.
      • Intention or recklessness as to the force used.
      • Force must be used IN ORDER to steal.
    • Completed Theft...
      • Robinson...
        • D had a defence to 'dishonesty' under s2(1)(a) because he believed he had a genuine right in law to the money.
      • Anderton v Corcoran...
        • Held that even temporary appropriation is sufficient to be robbery.
    • Use or threat of force...
      • Dawson & James...
        • It is for the jury to decide whether 'force' was used.
        • Force can be something really small such as jostling someone in order to distract them and take their wallet.
      • Clouden...
        • Wrenching a shopping basket from someone's hand is force sufficient for burglary.
      • Not necessary that any force be applied - fear of force is sufficient.
      • B and R v DPP...
        • There does not need to be a fear of force for force to be sufficient.
      • Force can be used or threatened against any person.
    • Immediately before or at the time of the theft...
      • How immediately before does 'immediately before' have to be?
        • Imagine a bank official has his home broken into and the D takes his bank keys and codes (this is the force) - if it takes an hour to drive to the bank to commit the theft, then the force did not occur immediately before the theft.
      • When is the theft completed so the force can no longer be 'at the time of the theft'?
        • Hale..
          • Ds took jewellery from the victim's home and tied her up before leaving - they claimed the theft was completed by the time they used force, but it was held that the theft was ONGOING.
        • Lockley...
          • D was caught shoplifting cans of beer so used force on the shopkeeper in order to escape - the court followed Hale.

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