Criminal Law - Robbery (6) Flashcards
What is robbery?
Robbery: Theft by force or immediate threat of force (s8(1) TA).
What is the actus reus of robbery?
Actus Reus: a) Theft; b) by force or threat of immediate force; c) at or immediately prior to theft.
(1) Theft: Theft as defined under (s1(1)).
Effect: If the full AR of theft is not made out, robbery has not occurred (R v Vinall).
(2) Use or Threat of Force: Defendant must use force against anyone, or put anyone in fear of immediate force, or intend to put anyone in threat of force (i.e. a fake gun).
Force: Mere force, need not be substantial or violent (R v Dawson).
Indirect Force: Force may be applied against property, so long as the victim is indirectly subject (R v Clouden). For example, wrestling property off a victim.
Minor Force: Very minor force, such as slight touching, is not sufficient (P v DPP).
Threat of Force: Causing a person to apprehend use of immediate force (R v DPP).
Threat: Apprehension is sufficient, victim need not be in ‘fear’.
Anyone: Use or threat of force must relate to ‘any person’.
Force: Force can be used against any person as part of the offence.
Threat: Threat can be used against any person, so long as the primary victim is aware of the threat.
(3) Timeframe: Use or threat of force must be broadly simultaneous with the act of theft.
After Theft: If use or threat of force occurs after the theft, it is a theft followed by assault, not a robbery.
Continuing Act: Appropriation can be a continuing act, so if the appropriation is ongoing during the force or threat, it may be ‘at the time of robbery’ (R v Hale).
What is the mens rea of robbery?
Mens Rea: a) Dishonest appropriation; b) with intention to permanently deprive; with c) intention or recklessness to use or threat of force; d) in order to steal.
(1) Dishonest Appropriation: The MR of the theft must be satisfied (s1(1)).
(2) Intention to Permanently Deprive: The MR of the theft must be satisfied (s1(1)).
(3) Intention or Recklessness to Force: The MR of simple or common assault must be satisfied.
(4) In Order to Steal: The force or threat must have been employed for the purposes of the theft.
