robbery Flashcards
what kind of offence is robbery?
indictable only, maximum life sentence of life imprisonment
what is the definition of robbery according to s8 of TA?
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 out any person in fear of being then and there subjected to force
what are the 4 components the prosecution must prove?
the D committed an offence of theft
they either used or threatened force on any person and
did so immediately before or at any time of the theft
in order to steal
what else must be established?
that there was all elements of theft R v Vinall
what is the meaning of force?
R v Dawson- force used doesn’t need to be substantial
R v Clouden- D using force on any person in order to steal is left for the jury to decide but there is no distinction between force to person or property
who must the force be used or threatened against?
usually, the person who owns the property BUT s8 says could be against ‘any person’, and the force can be directed against property rather than a person
when must the force be used/threatened?
threat of force must be broadly simultaneous with the theft as must be ‘immediately before or at the time’ of the theft TA s8(1- any force used or threatened after the theft doesn’t give rise to robbery (just theft and assault charges)
what about continuing appropriation?
R v Hale- if the appropriation is still continuing at time of force, the force had been used at the time of the theft so the D could be guilty of robbery but is the appropriation was continuing is determined by the jury
what must the reason for the force be?
to steal- otherwise just an assault under the OAPA
what is the MR of robbery?
be dishonest and intend to permanently deprive the owner of the property- must satisfy BOTH of these as theft must be present for robbery BUT then also add the MR of assaults i.e. D must at least be reckless as to the use of threat/force- Professor JC Smith in his book The Lw of Theft says that recklessness is enough and you don’t need intention to establish a robbery (so MRE for simple or physical assault)
