Robbery


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  • Created by: yiana
  • Created on: 09-04-14 18:45
Define Robbery?
A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.
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What Act and under what section is Robbery defined and charged?
Theft Act 1968 Section 8
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What is the Actus Reus for Robbery?
A completed Theft and force or putting or seeking to put any person in fear of force.
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What is the Mens Rea for Robbery?
Had the mens rea for theft (dishonest and permanently deprive) and intended to use force to steal.
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All elements of theft are required for robbery which case demonstrates this?
Robinson 1977- R owed £7 and during struggle R took dropped £5 note believed man's wife owed. R's robbery conviction quashed as no theft based on s2 (1) a Dishonestly
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If force is used to steal and the theft is complete there is a robbery, which case illustrates this?
Corcoran v Anderton 1980- A grabbed woman's bag which fell to ground. A ran off without bag. Theft complete so robbery upheld.
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The prosecution must prove that force was used or threat of force was used. Which case demonstrates this?
Dawson and James 1976- one man pushed the V off balance so another could take his wallet. Upheld robbery even though force was small.
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What case confirmed Dawson and James 1976?
Clouden 1987- C wenched a bag from V's hand- robbery upheld even though force was small.
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Describe a case which shows that a victim does not have to be frightened and that the amout of force does not have to be great?
B and R v DPP 2007- Schoolboy pushed and held by other boys who took mobile, £5, watch and travel card. Victim shocked, not scared. Robbery upheld as force implied by group of boys and some force used.
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Force or threat of force can be applied to any person, not just the person from whom the theft occurs. Is this true?
Yes
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Force must occur immediately before or at the time of the theft. Is this true?
Yes
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There have been no decided cases on what is classed as immediately before. Is this a problem when taking into account robbery?
Yes, as force has to be used immediately before or at the time of theft, and so it is important to establish what is meant by immediately before in order to apply it to this offence.
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Deciding when theft is completed is another issue describe the case of Hale in relation to this issue?
Hale 1979- h and accomplice broke into house. One stopped a woman screaming and tied her up, while other stole property upstairs.CA upheld robbery as theft seen as a continuing event so force used at time of stealing and in order to steal.
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Which case followed the decision in Hale 1979?
Lockley 1995- L caught having taken beer in offlicnece. Used force on shopkeeper to escape. CA upheld robbery. Theft seen as continuing act, so force used at time of and in order to steal.
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Force must be used for the purpose of theft in order for there to be a robbery. Is this true?
Yes. E.G. if D has an argument with V and punches him so V falls onto the floor. D then notices some money fall from V's pocket and decides to take it and run away. This is not robbery. This is an assault and theft.
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Outline the problems with the law on Robbery?
The element of theft in Robbery- In theft appropraition is one act, but in Robbery it is a continuing act. The level of force in Robbery- can be very low different juries can decide differently if force has been used.
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Card 2

Front

What Act and under what section is Robbery defined and charged?

Back

Theft Act 1968 Section 8

Card 3

Front

What is the Actus Reus for Robbery?

Back

Preview of the front of card 3

Card 4

Front

What is the Mens Rea for Robbery?

Back

Preview of the front of card 4

Card 5

Front

All elements of theft are required for robbery which case demonstrates this?

Back

Preview of the front of card 5
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