Property offences- ROBBERY. Flashcards
S.8 THEFT ACT 1968?
Steals and immediately before or at the time of doing so, and in order to do so, he uses force on any person or threatens force.
ACUS REUS?
D must have appropriated property belonging to another.
DAWSON AND JAMES?
Where D uses force, the amount of force can be small.
IN ORDER TO STEAL?
Force must be used or threatened in order to steal.
FORCE MUST BE USED OR THREATENED ON ANY PERSON…
It was accepted that force could be applied indirectly, for example, when D snatches a bag and V tries to hold on to it. This is a robbery, as in applying force to the bag, D is regarded as indirectly applying force to V.
WHEN MUST FORCE BE USED?
Force must be used or threatened immediately before or at the time of the theft in order to steal.
HALE?
Force or threat must not occur after the theft is complete. However, for the offence of robbery, an appropriation can be a continuing act and it should be left to the jury to decide when it has stopped.
MENS REA?
Dishonestly- intention to permanently depriving the other of it, D must have intended to use or threaten force on any person in order to steal.