ROBBERY
Legislation covered
Topics covered
- Steal
- Force and fear of force
- Immediacy
Knowledge test
Start by writing down the robbery legislation – as much as you know of s.8. It is written below the video so once you’ve watched the video you can check and see how much you knew correctly.
Robbery lesson video
Knowledge check
Return to the legislation you wrote out at the beginning of the lesson and see if you were correct.
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.
Make a note of anything you missed or wrote incorrectly. These will become the areas you need to work on.
Applying understanding
Next we will test your understanding of the legislation. Look at the following examples and decide which are robberies. Mark the answer “True” if it is a robbery.
BLACKMAIL
Legislation covered
Topics covered
- Gain and loss
- Demand
- Menaces
- Offence completion
Knowledge test
Start by writing down the blackmail legislation – as much as you know of s.21 included the definitions of “gain” and “loss” from s.34(2)(a). It is written below the video so once you’ve watched the video you can check and see how much you knew correctly.
Blackmail lesson video
Knowledge check
Return to the legislation you wrote out at the beginning of the lesson and see if you were correct.
A person is guilty of blackmail if –
s.21 (1) With a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief –
(a) that he has reasonable grounds for making the demand; and
(b) that the use of the menaces is a proper means of reinforcing the demand.
(2) The nature of the act or omission demanded is immaterial, and it is also immaterial whether the menaces relate to action to be taken by the person making the demand.
s.34(2)(a) “gain” and “loss” are to be construed as extending only to gain or loss in money or other property, but as extending to any such gain or loss whether temporary or permanent; and
(i) “gain” includes a gain by keeping what one has, as well as a gain by getting what one has not; and
(ii) “loss” includes a loss by not getting what one might get, as well as a loss by parting with what one has;
Make a note of anything you missed or wrote incorrectly. These will become the areas you need to work on.
Applying understanding
Next we will test your understanding of the legislation. Mark the answer “True” if it is blackmail.
Comparison
Quick review
Review the core parts of robbery and blackmail with these flash cards.
Summary
Robbery
There must be a steal in order for there to be a robbery so check all the elements of theft are present.
Along with a steal, there must also be force or the fear of force. They can actually inflict force; cause an apprehension of force; or seek to cause an apprehension of force. The force must be intentional. Force can be small and can be indirect, for example, force on someones property in order to remove it from them. Direct force can be used on anyone, but where the offender puts or seeks to put any person in fear, that fear must be for the victim themselves, not someone else.
The force that is used or threatened, must be “in order” to steal. There must be an intentional link between the force and the theft. Ask yourself, “has the force been used to enable the defendant to steal?”
The force must be used “immediately before or at the time of doing so” but appropriation is a continuous act so ask yourself “was he still on the job?”
Blackmail
The defendant must have either a view to gain for himself or another or the intent to cause loss to another. “With a view to” was deemed to mean that the offender contemplated some result which might realistically occur, without necessarily wanting or intending it. “With intent to” coincides with wanting a particular result to occur or having it as one’s desire, aim or purpose.
“Gain” and “loss” extend only to gain or loss in money or other property and it can be temporary or permanent.
A demand with menaces is unwarranted unless the person making it does so in the belief (a) that he has reasonable grounds for making the demand; and (b) that the use of the menaces is a proper means of reinforcing the demand. This test is subjective. And if the threatened action is itself criminal, it is unlikely that a court would accept a claim by a defendant that he believed the demand to be proper.
A demand can be made as a request or even as an offer, it may even be in the defendant’s demeanour. If the effect is to subject the victim to menacing pressure then that element of the offence will be made out.
Menaces require that either
- the threats and conduct are of such a nature and extent that the mind of an ordinary person of normal stability and courage might be influenced or made apprehensive so as to give into the demands, or
- the threats affect the mind of the victim although they would not have affected the mind of a person of normal stability and the accused was aware of the likely effect of his actions on the victim.
There is no requirement that the demand be communicated to the victim for the liability for blackmail to arise. A demand could therefore be made by an e-mail or text that is unread, or a message left on an answer machine or one that is spoken but not heard.
What next?
Before completing the 20 questions below and rather than review the topics above any further at this point, move on to study another topic. This will give you time to find out how much you have actually remembered, and which areas have been forgotten.
Suggested topics –
- Assault
- Burglary
- Aggravated burglary
Return to robbery and blackmail at a later date and write out both s.8 and s.21 offences (before reading anything else), then check them against the legislation above. Any areas of weakness need to be returned to after a further break. Remember to keep extending the gap between reviewing work. Spaced repetition is the key.
20 Questions
Now you have returned to robbery and blackmail after studying other topics, take the quiz to see how much information you have retained.