Robbery Flashcards
Charged under
s8 Theft Act 1968
Define
A person is guilty of theft if he steals and immediately prior to this uses force or seeks to put a person in fear that force is used.
AR (1/4) Appropriation
s3 (R v Morris) - the defendant assumes any rights of the property.
Appropriation is looked at quite flexibly
What needs to be present in the AR
All elements of theft (R v Raphael)
AR (2/4) Property
Includes money and all other properties, real or personal, things in action and other intangible property.
(Kelly v Lindsey) - body parts are included
(Oxford v Moss) - information can not be stolen
AR (3/4) Belonging to another
s5 (R v Turner)
This means the property must be owned, controlled or in the possession of the V
AR (4/4) Application or threat of force immediately before the theft
(R v Vinnall) The threat must be personal and used in order to steal.
The force must be sufficient to be noticeable.
(Dawson v Jones) - nudge was enough.
(RP and Others) - cannot be the unexpected removal akin to pick pocketing - snatching a cigarette out of someone’s hand was not accepted.
(B and R v DPP) - no need for the victim to feel threatened or scared by the force
(R v Bentham) - threat can be verbal or by gesture.
MR (1/3) Dishonest
s2 (Ivey v Genting) - fact finding mission as to D’s state of mind against a reasonable person
The need for the defendant to realise they are being dishonest by the standards of a reasonable man is no longer required.
Decision for the jury.
MR (2/3) Intention to permanently deprive
(R v Vinnal) shows how robbery and theft differ - where there is a subsequent disposal of property
Theft - a later appropriation (time of abandonment) will suffice
Robbery - it almost certainly will not.
MR (3/3) Force
There must be a direct intention to use force in order to steal.
