ROBBERY

Question 1

how do you approach a robbery question?

Answer 1

You start the question as if it is theft then add robbery onto the end.

Question 2

what’s the definition of robbery?

Answer 2

s.8 Theft Act 1968 - “Where the D steals, and immediately before or at the time, and in order to do so, uses force or the threat of force”.

Question 3

what is stage 1 of robbery?

Answer 3

1) The D must have committed a theft - ROBINSON.
- Apply using the phrase “this has already been established above”.

Question 4

what is stage 2 of robbery?

Answer 4

2) The D must use force of the threat of force.
• DAWSON - Any amount of force is enough / force is given its ordinary meaning.

Question 5

what are the side rules for stage 2 or robbery?

Answer 5

SIDE RULES
• Indirect force - Force can even be applied to the V’s clothing - CLOUDEN.
• Threats of force - Even if the D doesn’t feel fear, this is enough - B&R v DPP.

Question 6

what is stage 3 of robbery?

Answer 6

3) Force must be used immediately before, or at the time of the theft - HALE
• Appropriation is a continuing act so as long as force takes place “at some point”, this is enough.

Question 7

what is stage 4 of robbery?

Answer 7

4) Force must be used in order to steal - LOCKLEY
• If D is still on the premises, force is still being used to steal.

Question 8

what is the mens rea for robbery?

Answer 8

•Firstly, the mens rea of theft must be establsihed (dishonesty / intention to permanently deprive).
- Again, apply using the phrase “this has already been established above”.
•The mens rea of robbery is the intention to use force or the threat of force - MOHAN.