1B - Robbery Flashcards
What do you need to have a completed robbery?
All elements of theft must be present
- Robinson/Waters/ Corcoran v Anderton
Where is the offence of robbery found?
s. 8 Theft Act 1968
The amount of force required isnt defined in the act
- the amount can be small - Dawson and James/Clouden
- no force being used means that there is no robbery- P v DPP
What is the actus reus of robbery?
AR of theft + force or putting or seeking to put any person in fear of force
What is the mens rea of robbery?
MR of theft + intended to use force to steal
Fear of force is enough
s.8 - ‘seeks to put any person in fear of being then and there subjected to force Amount of force can be small’
Even if the V doesn’t fear any force
- B and R v DPP
‘on any person’ - does not have to be against the person to whom the property belongs
Fear of force is enough - timing of the force and stealing
-‘steals and immediately before or at the time of doing so, he uses force’
the force must be used at the time of the appropriation (Hale/Lockely)
If force used in order to steal then it’s NOT robbery but it may be an assault or theft
Mens rea of theft - intention to apply force
Direct intention: Mohan