Robbery Flashcards
What is the act?
Section 8 Theft Act 1968
Definition of robbery
Where someone steals, and immediately before or at the time of doing so, and in order to do so, uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force
Steals
A theft must be committed
Uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force
D must apply force to V or threaten to apply force to V in order to steal
And in order to do so
The use or threat of force must be in order to steal
Immediately before or at the time of doing so
The timing of the force or threat of force must be before or at time of theft
Mens rea?
Mens rea of theft. Also, there must be the intention to use force to steal
Key case for genuine belief of a right in law
R v Robinson
R v Robinson
D was owed £7 by V, who dropped £5, D picked it up- was not theft as he had a genuine belief he had a right in law to it
Key case for the timing of the force and the theft?
R v Hale
R v Hale
Broke into house, tied up V’s. Then took items. - Theft was seen as a continuing act even though the force was separate to the theft