Robbery Flashcards
What is the first step of the robbery model answer? (definition)
Robbery is defined in S.8 Theft Act 1968 as, D steals, and immediately before or at the time of doing so, and in order to do so, uses force on any person or seeks to put any person in fear of being then and there subjected to force.
What is the second step of the robbery model answer? (steal)
D must first steal which means to commit theft. If there is no theft D cannot be guilty of robbery (Robinson). A temporary appropriation is sufficient as long as the theft is complete (Corcoran v Anderton). Here, the theft was completed when…(apply all 5 elements / refer back to theft answer)
What is the third step of the robbery model answer? (what force?)
D must use force or threaten it.
IF FORCE USED - Very little force is necessary to satisfy this, such as the merest push as in Dawson and James. Here, D used force when they…
IF FORCE THREATENED - If D threatens force, it does not need to be applied and can simply be by threatening words or gestures or implied force. D must seek to put V in fear of being then and there subjected to force but it does not have to proven that V actually was in fear (B & R v DPP). Here, D threatened force when he…
What is the fourth step of the robbery model answer? (force on whom?)
The force D uses must be “on any person”. This can be aimed at V, or another person with or near to V. As outlined in Clouden, the force can be indirectly applied to V, as the wrenching of the bag was sufficient. Here the force is directed at …
What is the fifth step of the robbery model answer? (force enabled)
D must use force to enable him to steal so force that is unconnected to the theft will not make it robbery. D uses force to commit theft of the…when he/she…..
What is the fifth step of the robbery model answer? (when was force?)
The force or threat of force must be immediately before or at the time of stealing. The jury decide how long the theft lasts to decide whether the force is part of it. In Hale, appropriation was classed as a continuing act so force used during the theft amounts to robbery. Using force to escape can still be at the time of the Theft (Lockley). Here, D uses force immediately before or at the time of stealing because …
What is the sixth (final) step of the robbery model answer?
The mens rea for robbery is that for Theft (Dishonesty and IPD). This has been satisfied in this case because…. D must also intend to use force to steal. Here D intends to use force to steal when he…
