Robbery Special Study Paper G154 OCR A2 Law 2014

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  • Created on: 16-06-14 14:41
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Nadine Allen
Before 1968 there was no statutory definition of robber. The Larceny Act 1916
provided sentences for robber offences
Section 8 Theft Act 1968 Definition
A person is guilty of robbery is he steals and immediately before or at the time
of doing and in order to do so, he uses force on any person or seeks to put any
person in fear of being then and there subjected to force
Maximum life sentence ­ harsh considering only minimal force is needed
Actus Reus
Theft and Force ­ if one of those elements is missing then it's not robbery
Theft ­ D dishonestly appropriates property belonging to another
Force ­ putting someone in fear of force at the time/immediately before the
theft and in order to steal
D ran a clothing club and was owed £7 by Vs wife. D approached V and
threatened him. During a struggle V dropped a £5 note and D took it claiming
he was still owed £2. D had not completed the theft because he genuinely
believed that he had a right in law to the money and was therefore not
dishonest under Section 2 (1) (a) of TA
There was no theft so therefore no robbery
D told V that he was going to take his car, he pulled out a knife and punched V,
snatching his keys and driving off in the car. The car was abandoned a short
distance afterwards.
The conviction was quashed on appeal as the trial judge had not drawn the
necessary distinction between intention to permanently deprive and the
taking of a possession, which had merely deprived the rights of the owner for a
short time. (There was theft so this ruling is odd)

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Nadine Allen
Section 8 says that force must be used immediately before or at
the time of the theft
Hale 1979
2 Ds knocked on a door of a house, when the women opened the door they
forced into the house. One D put their hand over her mouth to stop her
screaming and the other D looked through her stuff. They found a jewellery
box and before they left they tied up the lady.…read more

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Nadine Allen
Corcoran and Anderton
One of the Ds hit a women in the back and tugged her bag. She let go of the
bag and it dropped on the floor. The Ds ran off without the bag because the
women was screaming and attracting too much attention. It was held that the
theft was complete so the Ds were guilty of robbery
D was guilty of robbery when he wrenched a shopping basket from Vs hand.…read more

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Nadine Allen
Theft has to be completed but in burglary it doesn't have to be
TA says force must be used before/during the theft yet in Hale and
Lockley they expanded this meaning with the concept of `continuing
appropriation'. Are Judges going beyond their role? Did the parliament
mean for the Hale/Lockley situation to be robbery
Reform ­ legal academies have suggested reforming this and
distinguishing between types of force used.…read more


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