Robbery Notes - Summary Criminal Law PDF

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Robbery Notes...

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Robbery under The Theft Act 1968 (Section Eight) If guilty then liable for imprisonment for life. Indictable Offence. “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” 1. Theft element must be established first (Mens Rea and Actus Reus) R V Robinson (1977) D took money from V. V's wife owed the money to D. D argued, the money was not appropriated dishonestly, therefore there was not theft, therefore there could be no robbery. Held, not guilty of robbery as there was no theft, therefore there could be no robbery. 2. There must be use of force OR threat of force. (force need only be minimal) R V Dawson and James (1976) One of the defendants nudged a man so as to make it easier for the other defendant to take his wallet from his pocket. The jury convicted both of robbery and they appealed contending that nudging fell short of using force. Convictions upheld. The word force is to be given its ordinary meaning and requires no direction to the jury. The jury were entitled to find that force had been used.

3.

The force must be used in order to steal and not for any other purpose.

4.

Before OR at the time of the theft

R V Hale (1979) The two defendants broke into a woman's home. One went upstairs and took some jewellery from her bedroom. After taking the jewellery the two of them tied her up. They were convicted of robbery and appealed on the grounds that the force came after they had appropriate the jewellery and thus did not come within the requirement of being immediately before or at the time of stealing. Convictions upheld. The appropriation of the jewellery was a continuing act. To say the conduct is over and done with as soon as he laid hands on the property is contrary to common-sense and to the natural meaning of the words. The act of appropriation does not cease. It is a continuous act and it is a matter for the jury to decide whether or not the appropriation has finished....