robbery

Question 1

what is the definition of robbery?

Answer 1

definition of robbery is defined in the s 8 of the the theft act 1968 as “ a person is guilty of robbery if he steals and immediately before or at the time of doing so uses force on any person or puts seeks to put any person in fear of being subjected to force”

Question 2

what statute defines robbery

Answer 2

s8 of the theft act 1968

Question 3

what is the actus reus of robbery ?

Answer 3

the AR IS:

• steals
• immediately before or at the time of stealing
• use of a threat or force
• on any person
• use of threat of force in order to steal

Question 4

what is the mens rea for robbery ?

Answer 4

the mens rea for theft which is

Question 5

what is robbery ?

Answer 5

it is a type of aggravated theft that involves the threat of force on a person

Question 6

describe steal as one of the elements of robbery

Answer 6

• this requires all the elements of theft such as:
• appropriation- assuming rights of owner
• property
• belong in to another
  eg in corocoran v anderton
  and r v robbinsons

Question 7

explain immediately before or at the time of stealing as another element of the actus reus of robbery

Answer 7

this means that the appropriation of the rights of the owner is needed for the theft to be complete where force must be used before or during the theft eg
R V HALE - this showed a continuing act that fulfilled the actus reus
- force cannot be used to escape eg r v lockley but in this case his actus reus was apart of a continuing act

Question 8

explain force as one of the actus reus of robbery

Answer 8

there needs to be a threat of force for the crime to be robbery

Question 9

explain force as an element that need s to be defined by the jury

Answer 9

force is not defined in the act , it is for the jury’s to decide whether ds actions amounted to force , it can be minimal eg in DAWSON V JAMES

Question 10

Who decides if ds actions amounted to force?

Answer 10

jury - it can be minimal and still be classes as robbery

Question 11

what case showed that minimal force can amount to robbery

Answer 11

dawson v james - this is where it was held that jurys should interpret the word force

Question 12

what case was confirmed by dawson v james on the interpretation of force ?

Answer 12

R V CLOUDEN - where it was held that force applied to property amounted to robbery

Question 13

can force be used to escape ?

Answer 13

NO but courts have been genrous in there interpretation eg r v lockley , he used force to get pass the shopkeeper but this was apart of a continuing act

Question 14

what is the mens rea or robbery

Answer 14

stealing uses the mens rea for theft which is

• intention to permanently deprive

, - dishonestly
and intend to use force/ threat of force

Question 15

what is a threat of force

Answer 15

this is apart of the actus reus of robbery which means that there must be a threat of force or a fear of being subjected to force eg

• b v benethm
• b and r v dpp

Question 16

what cases show that a threat of force is needed

Answer 16

• b and r v dpp

- R V Bentham

Question 17

does the threat of force need to be on the person who was subjected to the threat of force

Answer 17

no it can be on any person who is subject to force

Question 18

what are some cases that can be used to discuss the mens rea of robbery

Answer 18

r v vinall -

Question 19

what are some evaluations of the law on robbery

Answer 19

1) The degree of force required to turn a theft into a robbery is very slight yet the difference in punishment changes from a maximum of seven years imprisonment for theft to life imprisonment for robbery. Problems arise where force used is minimal and there may be inconsistencies in juries interpretation of ‘use of force.’
2) one of the decisions seem to contradict the Criminal Law Revision Committee when they proposed the law. They said in their report that ‘snatching’ property from an unresisting victim should not come within law on robbery, despite this in Clouden (1987) the defendant’s conviction for robbery was upheld when he snatched a handbag from the victim
3) In a situation such as this and maybe being in fear of one’s safety because of growing culture of knife crime, we would tend to give up our property rather than fight for it and be badly injured or killed.

Question 20

summarise the evaluations of robbery

Answer 20

• the degree o force required to turn a theft into a robbery is slight but produces a maximum life sentence- law is inconsistent on force