Law Unit 4 Case Cards - Robbery

The Theft must be Complete

Corcoran v Anderton (1980)

The defendant hit a woman in the back while his accomplice pulled at her bag. The woman let go of the bag and it fell to the ground. The woman screamed, the defendant and his accomplice ran off and the woman was able to pick up her handbag. Even though neither the defendant nor his accomplice ever had sole control of the handbag, this was deemed to be a completed Theft, the tugging at the handbag being sufficient exercise of control to be appropriation. As the tugging was force, and as it was at the time of the Theft, the defendants were guilty of robbery. The Theft would not have been complete if the woman had not let go of the bag, but there would have been an attempted Theft, and as force was used, thie would have amounted to attempted robbery.

Held: Robbery can occur without anything being taken.

The Theft must be Complete

B and R v DPP (2007)

Five boys stopped the victim and asked if he had a mobile phone or some money. The victim said he did not, and whilst that was happening about five or six more males ran to join the group. The boys all surrounded the victim and when he did not hand over his phone and money, his drink was taken and a packet of crisps was snatched from his hands. A number of the boys went into his pockets and took his walled from inside his pocket, his watch from an outside pocket and his travel card. A £5 note was removed from the wallet and was then thrown to the ground.

Held: The victim said he did not feel "particularly threatened" or "scared" and he was not physically assaulted. He said he was "a bit shocked". The boys were convicted of robbery.

Force or Threat of Force on the Victim

R v Dawson and James (1976)

One of the defendants nudged the victim, who stumbled and the other dfendant then took the victom's wallet.

Held: Nudging a person is enough to amount to "force".

Force or Threat of Force on the Victim

R v Clouden (1987)

The defendant snatched a shopping basket out of a woman's grasp.

Held: By the Court of Appeal that the force applied to a shopping basket when it was snatched from the victim was force applied to the victim's hand indirectly through wrenching.

Immediately Before or at the Time of the Theft

R v Hale (1978)

The defendants had entered a house, and one of them tied up the occupant while the other went upstairs and took jewellery from the bedroom. The pair then left, leaving the victim tied up.

Held: Even though the jewellery may have been taken before force was applied to the victim, the Court of Appeal deemed this appropriation to be continuing, and therefore the force was seen to be "at the time" of stealing.

Dishonesty

R v Robinson (1977)

D threatened V with a knife in order to get money he was owed. He believe he had a legal right to the money(even though he knew he had no right to use a knife to get it).

Held: D had a defence under s2(1) Theft Act. If there is no Theft, then there can be no Robbery.