Robbery

Question 1

What is robbery

Answer 1

S8 theft act defines robbery as stealing and using or threatening force immediately before or at the time of the theft.

Question 2

How does theft tie in with robbery

Answer 2

There must be a completed theft in order for a robbery, so must discuss the acts reus and mens rea

Question 3

What us force or threat of force

Answer 3

D must use force or seek any person in fear of force, it is for the jury to decide whether the act amounted to force using the ordinary meaning of the word

Question 4

What is immediately before or at the time of theft

Answer 4

The force must be used immediately before or at the time of theft. The courts have taken a sensible approach and held that theft can be a continuing act, so using force to escape immediately after a theft can still amount to robbery.

Question 5

What is in order to steal

Answer 5

The force must be sued in order to steal so force used for another purpose eg battery, does not become robbery f d later decides to steal

Question 6

What is the mens rea of robbery

Answer 6

The mens rea for theft (dishonesty and intention to permanently deprive) plus the intention to use force to steal