Robbery

Question 1

Define Robbery

Answer 1

Statutoruy offence contained in the theft act 1968
“steals and immediately before or at the time of doing so and in order to do so he uses fear on any person or puts or seeks to put any person in fear of being then and there subjected to force”

Question 2

Maximum sentence and type of offence

Answer 2

life imprisonment
indictable only

Question 3

What are the elements of Robbery

Answer 3

1. Must prove ALL elements of theft
2. Use/ threat of force immediately before/ at the time of stealing and in order to steal

Question 4

What does it imply by the word force

Answer 4

Force is not defined in the act

Dawson and James: the meaning is left to the jury to interpret
here simply a nudge causing V to lose balance amounted to force

Question 5

What about touching is that force?

Answer 5

P v DPP: where touching is used the D should be charged with theft

Question 6

What about sought to cause fear what does this mean

Answer 6

Just an intention of the D no need to consider if V truly did fear or not

Question 7

What about indirect force?

Answer 7

can be applied to another person not necessarily the person who’s possession is being stolen, but it must be towards a person and the future won’t suffice

Question 8

What about grabbing or snatching

Answer 8

R v Martin- left to jury to interpret if this is force

Question 9

What about immediately before or at the time of stealing

Answer 9

threat of force or force after the act may amount to assault or battery

Hale- appropriation can be a continous act up to jury when it ends

Question 10

Whats the mens rea element of theft

Answer 10

Intention to steal (Cordsi)

Question 11

What about where someone believes the property is theres

Answer 11

No theft if the person honestly believed it belonged to them (Robinson, Skivington)