Property offences - Robbery

Question 1

What is the AR and MR for robbery?

Answer 1

a) Actus reus

• Actus reus of theft (Appropriation of Property belonging to another)
• Force
• On any person; not just the victim.
• Use or threat of force immediately
  before or at the time of stealing

b) Mens Rea
* Mens rea of theft (dishonesty with the intention to permanently deprive)

• Intend to use force in order to steal

Question 2

What is the link between theft and robbery?

Answer 2

Robbery is an aggravated form of theft.

If there is no theft, there is no robbery.

the use of force is what elevates the offence.

Question 3

ACTUS REUS: what do we mean by ‘force or threat of force’?

Answer 3

I. Uses force:
doesn’t just mean violence and can be any force used to detach the property from V.

OR

II. Puts a person in fear of being then and there subjected to force;
No need to apply physical force or even for the V to be aware of any threat of force.

OR

III. Seeks to put a person in fear of being then and there subjected to force.

Question 4

ACTUS REUS: What do we mean by ‘use of threat of force immediately before or at the time of stealing’?

Answer 4

Assisted when necessary by the principle that appropriation is a continuing act and for the jury to decide when it has come to an end.

Question 5

MENS REA: what do we mean by ‘Intention to use force on order to steal?’

Answer 5

Rather than steal as an afterthought to the
force