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Robbery cases
Question | Answer |
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Robbery definition | s.8 Theft Act 1968 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. |
Robbery maximum sentence? | s.8 discretionary life sentence |
Robinson | D owed money from V's wife, took £5 that fell from V's pocket during a struggle Held: conviction quashed, misdirection by trial judge. If D honest belief he had right in law (s.2(1)(a)) then not dishonest. Robbery requires COMPLETED THEFT |
Dawson & James | D pushed V, and while he was off balance, the other D stole his wallet. Court of Appeal said 'force' was an ordinary word and up to jury to decide if D had used force |
B and R v DPP | V surrounded by boys and was pushed with his arms held, Ds stole wallet, phone and watch s.8 "seeks to put person in fear" V did not feel threatened CONVICTION UPHELD up to jury to decide, V does not need to feel threatened |
Hale | Ds forced their way into V's house (held hand over Vs mouth), other D stole jewellery , and left, after tying her up. CA: problem with force not being "immediately before/during" = held the appropriation was ongoing when force used - convicted robbery |