what section is robbery defined under?
s8(1) Theft Act 1968
Definition of robbery
if he steals and immediately before or at the time of doing so ,he uses force on any person or puts or seeks to put any person in fear of being then and theyre subjected to force
What must be completed first for D to be liable for robbery?
There must be a complete theft (all elements)
name the case for when theft wasnt completed, so there was no robbery. What element wasnt done?
R v Waters
D did not have the intention to permanently deprive
If D does not manage to ____ with the property there is still an appropriation _____ ______ ______ as in (what case)
escape
upon first touch
Corcoran v Anderton
main facts of Corcoran v Anderton
D hit a woman and tugged at her bag, she let go of the bag but D ran off without it. Still guilty for robbery because he appropriated the property
D has to get away with property to be guilty for robbery
T/F
FALSE
The V must have feared when force is used
T/F
FALSE - V doesnt need to fear for robbery
Force can be applied…
case?
directly or indirectly
Clouden 1987
Force or ___ _ ___ must be used in order to steal and can be used on ___ ____.
threat of force
any person
How has force been interpreted?
Force has been interpreted widely by courts and only needs to be minimal
case for a nudge was a sufficient force
R v Dawson & James
If there is no force, there is no robbery. Case?
P v DPP 2012
Where D has threatened to use force, force does not need to be ..
What case shows this? Main facts of case?
does not need to be applied and the V does not actually have to be frightened as shown in B & R v DPP, where the schoolboy was not frightened by the implied threats from the youths
List the 4 elements of robbery in order
Theft must be completed
Force/threat of force must be used in order to steal
Immediately before or at the time of doing so
MR
Force must be used on only V to be robbery T/F
FALSE - can be used on any person
The force must be used immediately before or at the time of the theft. The courts have taken a ___ ___ of this part of the definition and are prepared to view the appropriation as a ____ ____
The courts
wide interpretation
continuing act
What is a continuing Act? Case?
Where D uses force in order to escape. (R v Hale) (R v Lockley)