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Robbery
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Robbery = theft + force Simple Definition E.g. bank robbery
E.g. pushing someone to take their mobile phone
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Definition S.8(1) Theft Act 1968 – D 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 Actus Reus: AR of theft Using/threatening force immediately before or at the time of theft Mens Rea: MR of theft Intent or recklessness as to the use/threat of force in order to steal
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Points for Consideration
What amounts to force/ threat of force on a person? When does the force or threat of force have to take place? What connection must there be between the force and the theft? Offence of theft MUST be committed before there can be a conviction of robbery
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1. What amounts to force/threat of force on a person?
“Force” is not defined in the Act. Force or threat of force must be sufficient to be noticeable, but not necessarily to V E.g. waving a knife to someone who is blind Threat of future violence not sufficient – does not fulfil the definition of “fear of being then and there subjected to force” Dawson and James – the word “force” is given its ordinary meaning – court held the word “force” is an ordinary word and the jury could decide if what occurred amounted to force. In this case, jostling B and R v DPP - Doesn’t matter if V is actually put in fear or not. V said he did not feel particularly threatened or scared just a “bit shocked” – yet Ds still convicted Clouden – does not have to be direct force on V. D followed V who was carrying a shopping basket. D approached her from behind, wrenched basket down and out of her grasp with both hands and ran off with it. Bentham – threat does not have to be as V imagines if it is intended to cause fear. D positioned his fingers, concealed within his jacket, to look like a gun pointing at V – convicted of robbery
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2. When does the force or threat of force have to take place?
Must be immediately before or at the time of the stealing The time the force is used is fairly fluid within the overall time that the theft took place Hale – burglars entered a house, took a jewellery box, then tied up V before leaving. Court held appropriation (theft) was still continuing when V was tied up. Corcoran and Anderton – robbery committed at the point of appropriation even though D fails to steal anything. Robbery committed when V’s handbag was wrestled from her grasp even though it then fell to the ground and robber ran off without it
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What connection must there be between the force and the theft?
Force/threat of force must be in order to steal If force/threat of force is used for a different purpose then it is not robbery Where force is used to allow the theft to happen (e.g. to obtain keys to a building or safe) – can be robbery
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