A2 Law: Special Study - Robbery

Jessica 'JessieB
Mind Map by , created over 5 years ago

A Levels Law A2 (Special Study: Robbery and Burglary) Mind Map on A2 Law: Special Study - Robbery , created by Jessica 'JessieB on 04/22/2014.

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Jessica 'JessieB
Created by Jessica 'JessieB over 5 years ago
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A2 Law: Special Study - Robbery
1 Defined under s8 The Theft Act 1968
1.1 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.
2 ACTUS REUS
2.1 Stealing
2.1.1 Theft must be proved first before the defendant can be convicted of robbery.
2.1.1.1 Robinson 1977
2.1.1.1.1 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.
2.1.2 The defendant doesn't have to successfully get away with the property for it to be classed as robbery
2.1.2.1 Corcoran v Anderton 1980
2.1.2.1.1 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.
2.2 Force
2.2.1 Jury decides whether the defendant's actions amounted to force
2.2.2 Force can be minimal and is what turns theft into robbery
2.2.3 Force doesn't have to be physical contact between the defendant and the victim.
2.2.3.1 Dawson and James 1976
2.2.3.1.1 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.
2.2.3.1.2 This decision was followed in the case of: Clouden 1987
2.2.3.1.2.1 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.
2.2.4 Force is treated as a continuing act as well as the force having to occur immediately before or at the time of the offence.
2.2.4.1 Hale 1978
2.2.4.1.1 His conviction was upheld as force is a continuing act and the force was used to complete the robbery.
2.2.4.2 If it happens at different times and the force isn't used to steal, then it would be regarded as two separate offences.
2.2.4.2.1 Lockley 1995
2.2.4.2.1.1 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.
2.3 Fear of force
2.3.1 This includes threatening words or gestures
2.3.1.1 Bentham 2005
2.3.1.1.1 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.
2.3.2 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.
2.3.3 Robbery can still be committed if the victim wasn't frightened of the force.
2.3.3.1 B and R v DPP 2007
2.3.3.1.1 The defendants' convictions were upheld as they sought to put him in fear, even though the victim didn't feel threatened.
3 MENS REA
3.1 Same as the mens rea for theft
3.1.1 Dishonesty
3.1.1.1 s2 Theft Act 1968
3.1.2 Have the intention to permanently deprive the other of the property
3.1.2.1 s6 Theft Act 1968
3.1.2.1.1 jtyf
3.1.3 Have the intention in relation to the use of force
3.2 Accidental force won't turn theft into robbery.

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