Robbery

Question 1

D may be liable for

Answer 1

robbery, defined in section 8 of the theft act 1968 as stealing, and immediately before or at the time of stealing, and in order to steal, using force or threatening force.

Question 2

the actus reus is

Answer 2

theft, plus the use or threat of force, at the time of stealing, and in order to steal.

Question 3

firstly, there must be a theft

Answer 3

defined in S.1 as the dishonest appropriation of property belonging to another.

Question 4

here under s.3

Answer 4

there is an appropriation (morris, lawrence hink) because there is assumption of v’s rights when…

Question 5

if relevant: appropriation can take place even if

Answer 5

D leaves the property behind as in corcoran and anderton, which is what d does here.

Question 6

under S.4

Answer 6

the property (kelly and lindsay) is… which is…

Question 7

under S.5

Answer 7

the property did belong to another (hall, webster) because v had possession or control of the…

Question 8

secondly,

Answer 8

there must be a completed theft, as in corcoran v anderton

Question 9

here, the theft was completed

Answer 9

when…

Question 10

thirdly,

Answer 10

there must be the use of force. the jury must decide what constitutes force, and the amount of force can be small, as in dawson and james, with no need for direct contact, as in clouden. the force can be against any person, not necessarily against the victim of theft.

Question 11

here force was used

Answer 11

,even though it was minimal, when…

Question 12

the threat of force

Answer 12

can be against any person not necessarily the victim of the theft, the force need not actually be used, and the victim need not be in actual fear, as in B and R v DPP.

Question 13

here there was a threat of force

Answer 13

when…, even though he did not actually use force, and v did not show any fear

Question 14

fourthly,

Answer 14

the use or threat of force must be immediately before or at the time of the stealing, including a ‘continuing act’ as in Hale

Question 15

here the force was used at the time of stealing,

Answer 15

when…

Question 16

fifthly,

Answer 16

the use or threat of force must be used in order to steal as in lockley.

Question 17

here the force was used in order to steal,

Answer 17

when…, which was necessary to complete the theft.

Question 18

the mens rea

Answer 18

is the mens rea of theft plus an intention to use or threaten force.

Question 19

firstly,

Answer 19

the mens rea of theft under S.2 is that D must be dishonest. the 2 stage test was established in ivey v genting casinos is used. Firstly the jury must decide what was the actual knowledge or belief of D as to the facts, and secondly , in that context, the jury must decide whether D’s behaviour would be regarded as dishonest by the reasonable, ordinary, decent person.

Question 20

here a reasonable, ordinary, decent person

Answer 20

would view D’s actions as dishonest because… is obviously dishonest as the reasonable person would have…

Question 21

also, under S.6

Answer 21

there is an intent to permenaently deprive by disposing of or treating the property as his own (dpp v lavender, raphael, lloyd) because…

Question 22

secondly there was a

Answer 22

specific/direct intention to use [or threaten] force, defined in mohan as deciding to bring about a consequence when he…