ROBBERY

Question 1

SECTION & DEFINITION

Answer 1

• s8(1)
• 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 fear

Question 2

ACTUS REUS
first element

Answer 2

• d must commit theft
• ROBINSON

Question 3

ACTUS REUS
second element

Answer 3

• force or threat of force
• force is not defined in the theft act
• d must seek to put v in fear; v need not actually be in fear (B&R V DPP)

Question 4

ACTUS REUS
third element

Answer 4

• force used on:
  victim
  someone with or near to victim
  victims’s property
• CLOUDEN

Question 5

ACTUS REUS
fourth element

Answer 5

• immediately before or at the time of stealing
• force used after – jury may decide appropriation continues until the force arrives
  -HALE

Question 6

ACTUS REUS
fifth element

Answer 6

• force/threat of force used in order to steal
• R V JAMES - if d incapacitates v without intending to steal from him, and then steals, there is no robbery

Question 7

MENS REA
what is the mens rea for robbery?

Answer 7

• mens rea for theft
• ROBINSON

Question 8

MENS REA
first element

Answer 8

• dishonesty
• d is not dishonest if he has genuine belief (HOLDEN)

Question 9

MENS REA
test for dishonesty case

Answer 9

BARTON & BOOTH

Question 10

MENS REA
test for dishonesty

Answer 10

• was the d’s actual state of knowledge or belief as to the facts?
• was his conduct dishonest by the standard of ordinary people?

Question 11

MENS REA
second element

Answer 11

• intention to permanently deprive
  -dispose of owner’s rights
• DPP V LAVENDER

Question 12

MENS REA
third element

Answer 12

• intention (MOHAN) or recklessness (CUNNINGHAM) for the threat or use of force