Robbery Flashcards
S8 Theft Act 1968
Steals and immediately before or at the time of doing so, and in order to do, uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force
- using or threatening force before or at the time of the stealing
AR elements
Completed theft
Immediately before or at time of doing so
In order to steal
Uses or threatens force on any person
Robinson
Has to be a completed theft to be a robbery
Corcoran v Anderton
Theft may be complete even if thief does not have possession of property
Dawson & James
Even a small/light touch can amount to force (for jury to decide)!
RP & Others v DPP
Simply taking something will not amount to force
Clouden
Force can be applied indirectly like through an object
Indirectly (D does hold that thing and have control over it like a knife) eg. Snatching basket out of V’s hand is indirect through an object
B and R v DPP
V need not feel threatened/scared, it’s about the perpetrator’s intent to subject fear
Smith v Desmond
D doesn’t have to threaten force on V of theft, can be anyone
Hale
Force cannot be after unless continuing act can be argued
At any time during the theft it can be extended as continuing act so ‘at the time of theft’
Likely immediately before will be interpreted broadly too
Lockley
If D uses/threatens force some point during a continuing theft, then he will be using it in order to steal
Eg. When trying to escape etc
Mens rea
D must intent to use/threaten force in order to steal