777492
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Mapa Mental por Jessica 'JessieB, atualizado more than 1 year ago
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Criado por Jessica 'JessieB
mais de 10 anos atrás
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A2 Law: Special Study - Robbery
- Defined under s8 The Theft Act 1968
- A person is guilty of robbery if he steals and
immediately before or at the time of doing so,
uses force on any person, or puts or seeks to put
any person in fear of being, then and there,
subjected to force.
- A person is guilty of robbery if he steals and
immediately before or at the time of doing so,
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
- Stealing
- Theft must be proved
first before the
defendant can be
convicted of robbery.
- Robinson 1977
- The defendant's conviction was quashed as he hadn't
fulfilled the theft part of the mens rea, which required
the dishonest appropriation of the property; the
defendant honestly believed he was owed the movie.
- The defendant's conviction was quashed as he hadn't
fulfilled the theft part of the mens rea, which required
the dishonest appropriation of the property; the
defendant honestly believed he was owed the movie.
- Robinson 1977
- The defendant doesn't have
to successfully get away with
the property for it to be
classed as robbery
- Corcoran v Anderton 1980
- The defendants' dropped the victim's handbag when
she screamed. They were still convicted of burglary
as appropriation didn't require the defendant's to
have complete control over the bag.
- The defendants' dropped the victim's handbag when
she screamed. They were still convicted of burglary
as appropriation didn't require the defendant's to
have complete control over the bag.
- Corcoran v Anderton 1980
- Theft must be proved
first before the
defendant can be
convicted of robbery.
- Force
- Jury decides whether the
defendant's actions amounted
to force
- Force can be minimal and
is what turns theft into
robbery
- Force doesn't have to be
physical contact between
the defendant and the
victim.
- Dawson and James 1976
- The defendants' robbery convictions were upheld,
after they nudged the victim to retrieve a wallet, as
the COA stated that 'force' was an ordinary English
word which is to be determined by the jury.
- This decision was followed in the case of: Clouden
1987
- The defendant was convicted after
'wrenching' the victim's shopping basket out
of her hands. The courts said force used on
the basket was effective as using force on
the victim.
- The defendant was convicted after
'wrenching' the victim's shopping basket out
of her hands. The courts said force used on
the basket was effective as using force on
the victim.
- The defendants' robbery convictions were upheld,
after they nudged the victim to retrieve a wallet, as
the COA stated that 'force' was an ordinary English
word which is to be determined by the jury.
- Dawson and James 1976
- Force is treated as a continuing act as well
as the force having to occur immediately
before or at the time of the offence.
- Hale 1978
- His conviction was upheld
as force is a continuing act
and the force was used to
complete the robbery.
- His conviction was upheld
as force is a continuing act
and the force was used to
complete the robbery.
- If it happens at different times and the force isn't used
to steal, then it would be regarded as two separate
offences.
- Lockley 1995
- The defendant used force on the
shopkeeper to escape with the can
of beer he had stolen. His conviction
was upheld as force is a continuing
act and he used it to complete his
robbery.
- The defendant used force on the
shopkeeper to escape with the can
of beer he had stolen. His conviction
was upheld as force is a continuing
act and he used it to complete his
robbery.
- Lockley 1995
- Hale 1978
- Jury decides whether the
defendant's actions amounted
to force
- Fear of force
- This includes threatening words or
gestures
- Bentham 2005
- Defendant convicted of robbery as he sought to put the victim in
fear of being subjected to violence. The defendant used his
hand to imitate the shape of a gun in order to make the victim
give up her money and jewellery.
- Defendant convicted of robbery as he sought to put the victim in
fear of being subjected to violence. The defendant used his
hand to imitate the shape of a gun in order to make the victim
give up her money and jewellery.
- Bentham 2005
- It also includes situations where the
victim is unaware of the threat of force,
i.e. if the defendant are approached
from behind or if the victim is
deaf/blind.
- Robbery can still be committed if the victim wasn't frightened of
the force.
- B and R v DPP
2007
- The defendants' convictions were upheld as
they sought to put him in fear, even though the
victim didn't feel threatened.
- The defendants' convictions were upheld as
they sought to put him in fear, even though the
victim didn't feel threatened.
- B and R v DPP
2007
- This includes threatening words or
gestures
- Stealing
- MENS REA
- Same as the mens rea for theft
- Dishonesty
- s2 Theft Act 1968
- s2 Theft Act 1968
- Have the intention to permanently deprive the other of the
property
- s6 Theft Act 1968
- jtyf
- jtyf
- s6 Theft Act 1968
- Have the intention in relation to the use of force
- Dishonesty
- Accidental force won't turn theft into robbery.
- Same as the mens rea for theft
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