Robbery

Question 1

What is robbery under?

Answer 1

S.8 Theft act 1968

Question 2

What is the definition of robbery- it’s wayyyy to long but refer back to it for revision and consolidation.

Answer 2

“A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts on any person or seeks to put on any person fear of been subjected to force.”

Question 3

What is the Actus Reus for robbery?

Answer 3

AR = Stealing by using force immediately before or at the time of the theft or seeking to put any person in fear of force.

Question 4

What is the Mens Rea for robbery?

Answer 4

AR = Stealing by using force immediately before or at the time of the theft or seeking to put any person in fear of force.

Question 5

What needs to be satisfied first?

Answer 5

All elements of theft.

Question 6

Can there be a robbery without theft? Any exceptions or what would it be?

Answer 6

If there is no theft there can be no robbery.
Even if the defendant uses or threatens force.
Criminal liable under non-fatal offences.

Question 7

What makes a robbery, robbery?

Answer 7

Theft is aggravated by the use or threat of force.

Question 8

What case proves there must be a completed theft? Give a bonus one to reference.

Answer 8

R v Waters [2015]

R v Robinson [1977] (in addition)
R v Raphael and Another [1977]

Question 8

What case proves there must be a completed theft? Give a bonus one to reference.

Answer 8

R v Waters [2015]

R v Robinson [1977] (in addition)
R v Raphael and Another [1977]

Question 9

What does use of force mean, give a case?

Answer 9

When force is used to steal, then the moment the theft is complete there is a robbery.
Corcoran v Anderton [1980] (bag fell)

Question 10

Does the force have to be great? Give a case.

Answer 10

The amount of force used only has to be small.
R v Dawson and James [1976]

Question 11

In what case did the Jury direct to use everyday definition of force when deciding whether a defendant has used it to steal?

Answer 11

R v Clouden

Question 12

If a person say takes a cigarette out of someones hand but doesn’t physically touch them can it be robbery? Give a case.

Answer 12

No. P v DPP [2012]

Question 13

Look at the CPS Charging Standards - Robbery

Answer 13

:D

Question 14

Does force need to be applied in every robbery case?

Answer 14

No but if the defendant seeks to put a person in fear of force, robbery will take place.
e.g. Threatening words or threatening gestures.

Question 15

Does the person threatened need to be the victim.

Answer 15

No.

Question 16

Does the item have to belong to the victim?

Answer 16

No. e.g. clerk and money scenario.

Question 17

Does the victim have to fear that force will be used? If no, what does need to happen?

Answer 17

The victim also does not have to fear that force will be used, all that needs to be shown is that the defendant seeks to put the victim in fear of force being used.

Question 18

Give a major case that can make robbery criteria easy to see and evaluate.

Answer 18

B and R v DPP [2007]

Question 19

When must the force take place? Timing of Force.

Answer 19

The use of force, or the threat of force, must take place immediately before or at the time of stealing.

Question 20

What questions arise die to the timing of the force?

Answer 20

Questions relating to what constitutes as ‘ at the time of the theft.’
Continuing acts.
Force used separate to the act of theft will not constitute a robbery, could be a separate charge under non-fatal offences.

Question 21

Will force separate to the act of theft constitute to robbery?

Answer 21

No. (could be a separate charge under non-fatal offences).

Question 22

Give two cases for continuing acts.

Answer 22

R v Hale
R v Lockely (supported Hale)

Question 23

Give a case for separate?

Answer 23

R v Vinall [2011] (bicycle)

Question 24

What is the first part of the Mens Rea?

Answer 24

The first part of the mens rea for robbery is that the defendant must have the necessary mens rea for theft.

Question 25

What is the added element for robbery?

Answer 25

The first part of the mens rea for robbery is that the defendant must have the necessary mens rea for theft.

Question 26

What is the maximum sentence for robbery?

Answer 26

The maximum sentence for robbery is life imprisonment.