robbery

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  • ROBBERY- s8 theft act 1968
    • d steals and immediately before or at the time of doing so, and in order to do so he uses force on any person or seals to put any person in fear of being under force
    • AR- must have a completed theft- appropriating property dishonestly belonging to another with the intent to permanently deprive
      • r v Robinson- if an element of theft is missing then there can be no robbery. theft and violence have to coincide for it to be a robbery
      • Corcoran v Anderton- even if d leaves without any property but has assumed a right over it in the past, it will still be a robbery
    • d must use force
      • r v Dawson and James- even a small/slight touch can amount to force; it is a question of fact for the jury to decide
      • rp and others v dpp- taking a cigarette from v's fingers won't amount to force
      • r v clouden- force can be applied to a person indirectly eg using an object
    • d puts or seeks to put any person in fear
      • b and r v dpp
      • s8 says  that force must be threatened so as to put a person in fear of being then and there subject to force
    • any person
      • smith v Desmond- d doesn't have to use or threaten force on the victim but can be a third party
    • immediately before or at the time of theft
      • r v hale- theft/ appropriation can be a continuing act in which case any force used/threatened during the theft will be 'at the time of the theft'
    • force must be used in order to steal
      • r v Lockley- if d uses/ threatens force at some point during a continuing act theft, then he will be using force in order to steal
    • MR- d must intent to use force in order to steal (same evidence can be used for ar and mr)

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