Robbery

Question 1

‘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’

Answer 1

S.8(1)

Question 2

S.8(1)

Answer 2

‘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’

Question 3

Elements of robbery

Answer 3

• a completed theft
• Uses force or seeks to put any person in fear of force
• Intention to use the force to steal

Question 4

Corcoran v Anderton 1980

Answer 4

At the moment the theft occurs, there must be a coincidence of AR and MR

Question 5

If the theft is not completed, D can be charged with what?

Answer 5

Attempted robbery

Question 6

Zerei 2012

Answer 6

• taking a car by force does not prove intention to permanently deprive
• The facts of the case (where the car is left and after how long) can be evidence of intention

Question 7

• taking a car by force does not prove intention to permanently deprive
• The facts of the case (where the car is left and after how long) can be evidence of intention

Answer 7

Zerei 2012

Question 8

Taking vehicles without consent is charged under what?

Answer 8

A separate offence rather than theft/robbery

Question 9

Robinson 1977

Answer 9

Same 3 defences of honesty as in theft apply

Question 10

Same 3 defences of honesty as in theft apply

Answer 10

Robinson 1977

Question 11

What happens if theft is not proved?

Answer 11

Cannot be charged for robbery

Question 12

Ref (No1 and 2 of 1979) 1979

Answer 12

conditional intention is sufficient to prove attempted robbery

Question 13

conditional intention is sufficient to prove attempted robbery

Answer 13

Ref (No1 and 2 of 1979) 1979

Question 14

B and R v DPP 2007

Answer 14

• V does not have to be afraid of D’s actions
• Not necessary to apply the force, threatening words or gestures are sufficient

Question 15

• V does not have to be afraid of D’s actions
• Not necessary to apply the force, threatening words or gestures are sufficient

Answer 15

B and R v DPP 2007

Question 16

P v DPP 2012

Answer 16

The force must be against the person, not the property

Question 17

The force must be against the person, not the property

Answer 17

P v DPP 2012

Question 18

In what case was force sufficient to affect the person, so there was a robbery?

Answer 18

Clouden 1987

Question 19

Clouden 1987

Answer 19

Force was sufficient to affect the person, so there was a robbery

Question 20

Hale 1979

Answer 20

Using force against V in order to get away rather than to steal is sufficient because the theft was still continuing

Question 21

Using force against V in order to get away rather than to steal is sufficient because the theft was still continuing

Answer 21

Hale 1979

Question 22

Atakpu and Abrahams 1994

Answer 22

The longer the time between the appropriation and the application of force the less chance that the force was applied in order to steal

Question 23

The longer the time between the appropriation and the application of force the less chance that the force was applied in order to steal

Answer 23

Atakpu and Abrahams 1994

Question 24

What kind of force is insufficient?

Answer 24

accidental

Question 25

What is irrelevant about the application of force?

Answer 25

that the V of force/attempted force is not the V of theft as long as force is applied to a V in order to carry out a theft