Robbery Flashcards
Definition
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 or seeks to put any person in fear of being then and there subjects to force.
Robbery is effectively aggravated theft as it requires a theft accompanied by force or threat of force
Actus reus - Requirements
Asks 4 questions:
1) What must be done? - Theft
2) How must it be done? - Using force or fear of force
3) To whom must force be applied? - To any person
4) When must force be applied? - Immediately before or at the time of theft
Actus reus - Theft
Starting point is the need to establish that a theft has occurred - unless there is a theft there cannot be a charge of robbery. All 5 elements of theft must be established : Appropriation of property belonging to another and the defendant was dishonest and had an intention to permanently deprive
Actus reus - Force/fear of force
The level of force does not have to be significant. Force may be applied to person or their property. Force must be used to facilitate theft. This force or threat of force must be made in order to steal.
Actus reus - Any person
Can apply to anyone, does not matter that the force used or threatened is against someone other than the owner of the property.
Actus reus - Immediately before or at the time
Necessary to determine when the theft is complete as any force used or threatened after the theft will not give rise to a charge of robbery. However if the defendant is still trying to get away with the property then this will suffice.
Mens rea
Combines the mens rea of theft with an intention to use force in order to steal. To be convicted of robbery need 2 elements of mens rea and then defendant to at least be reckless as to the use or threat of force
Does it matter if they don’t take the property from the scene with them?
No it will still be robbery or burgalry as they have appropriated the property.
