G153 Criminal Law 2010-11 1 OFFENCES AGAINST PROPERTY: R R O O B B B B E E R R Y Y By the end of this unit, you should be able to [AO1]: Explain the mens rea and actus reus of robbery Understand the differences between theft and theft in robbery You should also be able to [AO2] Evaluate the current state of the law Apply your understanding to a series of application questions. Introduction: Robbery requires theft! As revision, find and list all elements of theft below: 1. 2. 3. 4. 5. B D M Y T R E P O R P A P I S R T P S I V N O E K E R T V E V T U J T O Q G R X Z Q O H D N S P F V N M I N T E N T I O N D P I A Y L T S E N O H S I D G N A P T I I J R N C P T N E A P P R O P R I A T I O N Y J Y Q O P C Y U R V L T G Q D S A O B W U Q Y E L G X R V X H U X Q L G B Y D E P R I V E B B X G Z K S O G G G R W A M S W V A
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G153 Criminal Law 2010-11
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OFFENCES AGAINST PROPERTY:
RROOBBBBEERRYY
By the end of this unit, you should be able to [AO1]: Explain the mens rea and actus reus of robbery Understand the differences between theft and theft in robbery
You should also be able to [AO2] Evaluate the current state of the law Apply your understanding to a series of application questions.
Introduction:
Robbery requires theft! As revision, find and list all elements of theft below:
1.
2.
3.
4.
5.
B D M Y T R E P O R P A P
I S R T P S I V N O E K E
R T V E V T U J T O Q G R
X Z Q O H D N S P F V N M
I N T E N T I O N D P I A
Y L T S E N O H S I D G N
A P T I I J R N C P T N E
A P P R O P R I A T I O N
Y J Y Q O P C Y U R V L T
G Q D S A O B W U Q Y E L
G X R V X H U X Q L G B Y
D E P R I V E B B X G Z K
S O G G G R W A M S W V A
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SSOOMMEE BBAASSIICCSS::
Robbery is an indictable offence, which means that it is tried in the . It carries a maximum of a life sentence, and remember that a second conviction of robbery may lead to an automatic life sentence if serious under the Crime (Sentences) Act 1997.
So, what is robbery?
Simply put....
Theft + Violence = Robbery All elements immediately before s.8 Theft Act 1968 in s.2-6 of the or at the time of
Theft Act 1968 the theft on a person in order to steal
Student Task
Look at these scenarios: Which do you think are robberies?
D tells V, who is blind, that he
has a knife and will stab him
unless V hands over his
wallet. D has no knife.
D pushes V in the back and as
he falls, D2 takes V’s wallet
D hits V, and money falls out
of V’s pocket. D picks it up
and keeps it.
D steals a pack of beer from
an Off Licence, and on the
way out pushes the owner
D takes V’s pet poodle
hostage and threatens to kill
it unless V hands over her
diamond necklace.
D takes V and his family
hostage four days before he
steals money from V’s bank
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AACCTTUUSS RREEUUSS
The actus reus is that for theft, plus force or the threat of force on any person immediately before or at the time of stealing.
ELEMENT ONE:
COMPLETED THEFT You need a completed theft for robbery. One element of theft is missing, then there is no robbery! However, the courts have been rather more generous with their interpretation of ‘theft’ in robbery than regular theft a) Appropriation
Corcoran v Anderton 1980 Facts: Ratio:
D assumed the rights when he grabbed it, so therefore the theft was complete. Thus, DD were convicted of robbery. In the words of the court there was “no clearer instance of robbery”.
b) Intention to permanently deprive
R v Raphael 2008 Facts: Ratio D forcibly took V’s car and then offered V the chance to buy it back for £500 Actually charged with conspiracy to rob
This can be compared with R v Mitchell 2008, where taking a car for the purposes of escaping the police in a chase and then abandoning it was not ‘intention to permanently deprive’ in the law of theft, and therefore not robbery.
How does theft for robbery differ from regular theft?
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EELLEEMMEENNTT TTWWOO::
FFOORRCCEE OORR TTHHRREEAATT OOFF FFOORRCCEE The force does not have to be directly applied to a person – it can be property, as long as it in control of that person.
It is quite widely interpreted and includes verbal threats and gestures. Why? Well,
waving a knife at someone can be quite an effective threat as can a gun pointed at your head... you don’t need the words!
Incidently, it also does not mean an assault either! V doesn’t need to even be scared. He might be blind and not see the knife. The question of whether it is a threat is a question of , and so it is left to the .
‘On any Person’ So what does this mean? This means that D can threaten X and steal from Y.
Remember the Securitas robbery...
Who was it applied to there?
Normally this will mean that D is taking a sthgeoa
R v Clouden 1987 Facts: Ratio: The CA held that force applied to
property was sufficient for robbery, and confirms the earlier case of Dawson (see below). This decision has been criticised by the Criminal Law Revision Committee in their 8th report, who said that if this was always enough, the number of robberies would double. Do you agree?
R v Dawson & James 1976 *KEY CASE* Facts: D1 nudged V in the back, and he lost his Ratio: balance. D2 took the wallet.
AAOO22 DDEEVVEELLOOPPMMEENNTT: How might the decision in Dawson & James be criticised as ‘unfair’ to defendants charged with the serious indictable offence of robbery?
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EELLEEMMEENNTT TTHHRREEEE::
IMMEDIATELY BEFORE OR AT THE TIME OF, IN ORDER TO STEAL First: ‘immediately before’... ... this is quite a flexible concept. Remember the Securitas’ robbery? The Manager and his family were abducted the evening before the robbery.
PPrroobblleemm OOnnee: Two Ds, one applies the force, one steals – how do we tell if it was “at the time of”?
Remember: according to Gomez and Atakpu, appropriation is a one-off event in theft.
R v Hale 1978 *KEY CASE* Facts: Ratio: CA upheld the conviction, holding that as it
was a continuing act, the violence was at the same time.
Eveleigh LJ “To say that the conduct is over and done as soon as he laid hands on the property... is contrary to common sense and to the natural meaning of the words... the act of appropriation does not suddenly cease. It is a continous act and it is a matter for the jury to decide whether or not the act of appropriation has finished... As a matter of common sense [D] was in the course of committing theft; he was stealing.”
Problem Two: Force applied after the theft, whilst escaping
R v Lockley 1995 CA Facts: DD stole beer cans from an off licence Ratio: and used force on the owner on the way out. QU: How did the decision in Hale influence the result in Lockley?
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Problem Three: D hits V and money falls out of V’s pocket, and D picks up the money and decides to keep it.
R v Robinson 1977* Facts: Ratio: * D believed that he had the right in law to take it – how might this affect his liability for the theft? Think back to what you know about dishonesty.
MMEENNSS RREEAA Well, it’s not actually mentioned in the section at all. So, therefore it must be that for the theft, and
then intention or subjective recklessness as to the use or threat of force.
Complete the diagram below to show your understanding:
TTHHEEFFTT EELLEEMMEENNTTSS
1.
2.
3.
UUSSEE OOFF FFOORRCCEE::
1. Intention OR Case:
2. Subjective recklessness Case:
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EEVVAALLUUAATTIIOONN
% of robberies end in conviction. What does this tell us about the current law on robbery?
The majority of these only use the of force. Match the area with the criticism below:
Degree of Force Required
There has been a massive growth in robberies, e.g. mobile phones. The courts are encouraging prison sentences, but the majority are carried out by those under 18, and they get community sentences.
No distinction between the different types of robbery
The slightest amount could lead to a life sentence! The decision is left to the jury (always dodgy!)
Increase in robberies
Here, the theft doesn’t need to be completed, an “intent to steal or attempt to steal using force for that purpose”.
Different meanings of appropriation in theft and robbery
Prof. Andrew Ashworth (2002) suggest that there should be two types. The lesser, which uses a slight force, should be triable in the MC, and the serious which uses greater force should be heard in the Crown Court. This will save ..................... and .........................
Differences to burglary...
Generally, theft law has decided that the appropriation takes place at one moment in time [R v Atakpu & Abrahams 1994], however in robbery, theft is a continuing act. Why should the interpretation of the same crime be so different?
3. What two things make robbery different from theft?
4. Do you need to direct force at the victim?
5. How much force is necessary?
6. Should the courts distinguish between types of robbery?
7. Why was D’s conviction quashed in Robinson?
8. How was appropriation treated in Hale?
9. What doubts were expressed by the Criminal Law Revision Committee in Clouden?
HHAASS TTHHEERREE BBEEEENN AA RROOBBBBEERRYY IINN TTHHEE FFOOLLLLOOWWIINNGG SSIITTUUAATTIIOONNSS::
1. Dave holds the knife to the threat of a 3 year old girl and orders the child’s mother to hand over her bag or he will ‘slit her throat’. The mother hands over her bag.
2. Carla snatches a bag from Des. Des is so surprised that she lets go of the bag and Carla runs off with it.
3. Albert gets into a fight with Bob and knocks him out. While on the floor, Albert spots his rolex and decides to steal it.
