6) Robbery Flashcards
Actus Reus of Robbery
1) Actus reus of theft
2) Force
3) On a person
4) Use or threat of force immediately before or at time of stealing
Mens Rea
Mens Rea of theft
Intend to use force in order to steal
What is robbery and where is it defined?
Robbery is an aggravated form of theft
TA1968, s8.
When will a conviction of robbery follow…
When all of the elements of theft have occurred, a n force or threat of force to steal.
Therefore consider whether the full offence of theft is satisfied before moving onto robbery.
Case demonstrating that when there is no theft, there is no robbery.
R v Robinson
R v Robinson FACTS
Ran a clothing club. Charged with robbery. WIfe owed £7, forcibly took £7 from husband
Not dishonest
R v Robinson HELD
Conviction quashed on the grounds, judge failed to direct the jury that he was entitled to an acquittal if he believed that he had the legal right to take the property.
Can there be robbery if there has been no theft?
No!
R v Robinson = £7
What is the Actus Reus of Theft
- Appropriation (s3)
- Property (s4)
- Belonging to another (s5)
What is the Mens Rea of Theft
- Dishonestly (s2(1))
- Intention to permanently deprive (s6)
Where is the offence of theft found?
s1(1) TA 1968
Force or threat of force
1) Use of foce
2) Person in fear of force, or subjected to force
3) Seeks to put a person in fear of force or threat of force.
The aggravating element that elevates a theft to a robbery
Use of force
- Not defined in TA 1968
- Force does not require violence
R v Dawson and James
R v Dawson and James
- Nudged victim and took wallet
- Amounted to armed force
= FORCE NOT VIOLENCE
Cases where force is applied through property?
- R v Clouden = shopping bag
- P & Others v DPP = cigarette
R v Clouden
- Wrenched shopping bag out of grasp
- Property must cause force against the person for the element of force to be satisicied.
Can force to detach property count as force against the person?
Yes providing that the force used causes force against the person.
R v Clouden
P & Others v DPP
Defendant removed cigarette from victims hand
No force or direct contact.
Indirect contact minimal
No evidence of resistance
= like a PICKPOCKET
Does physical force need to apply against a person to put a person in fear?
No
A threat by the defendant causing them to think, or apprehend that force will be used against them will be enough
R V DPP
Does a victim need to fear the force they think will be used against them?
- No this would be too subjective
- Would not be fair on brave people
- R v DPP
Can a person be liable if the victim is not aware that they are being threatened by force?
Yes
Provided the Defendent intends to make that person think that they will be subjected to force.
R V TAYLOR
R v Taylor
Defendant handed bank cashier a note demanding that they hand over money or otherwise would hurt the customer standing behind.
No robbery as no threat of force to cashier…. = BLACKMAIL
Actus Reus of Robbery
- Actus Reus of theft
- Force or threat of force
- On any person
- Use or threat of force immediately before or at the time of stealing
Does the threat or use of force have to be on the person from whom the property is being stolen from?
- NO!
- It can be on any person
Can robbery arise if the threat arises after the theft has been technically committed?
Yes
Appropriation - a continuing act
“the act of appropriation does not suddenly cease”
It is up to the jury to decide when finished
R v Hale
R v Hale
- Broke in, hand over mouth, took jewellry box, tied up and gagged her
- Appealled saying force after theft/appropriation
- Court dismissed - appropriation an ongoing act
*
Mens Rea of Robbery
- Mens Rea of theft
- Intend to use force in order to steal.
Consider also R v Hale - continuing act theory
R v Vinall
- Foce must be used at the time of theft
- = Fight, stole bike as an afterthought
- Intention to permanently deprive formed at a later pooint in time than force.
- No conviction for robbery
