A more recent version of these Robbery And Blackmail notes – written by Cambridge/Bpp/College Of Law students – is available here.
The following is a more accessble plain text extract of the PDF sample above, taken from our GDL Criminal Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
[ROBBERY AND BLACKMAIL]
Robbery Definition of theft - Theft Act 1968: (1) 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 outs or seeks to put any person in fear of being then and there subjected to force
(2) A person guilty of robbery, or an assault with intent to rob, shall on conviction on indictment be liable to imprisonment for life
Must fulfil all the requirements of Theft as in S1(1) of the TA 1968 (Appropriation, Property, Belonging to Another)
Corcoran v Anderton: Two Co-Defendants attacked woman - they never got full control of the bag: CA upheld conviction - any assumption of rights of the owner (Morris) was theft - appropriation took place as soon as co-defendant tugged on the handbag
R v Robinson: Acquittal if the D honestly believed he had a legal right to the property
? Force or threats of force
1. Use of force
D uses force on someone
R v Dawson & James - force need not be substantial - only slight force is required
R v Hale: force of putting hand over V's mouth was sufficient
2. Puts a person in fear...
Equivalent of the AR of assault - apprehension of force rather than actual fear
R v DPP : Expectation of force is sufficient - no need for the V to fear it
3. Seeks to put in fear...
Buy the full version of these notes or essay plans and more in our GDL Criminal Law Notes.