robbery Flashcards
where is the law on robbery found?
section 8 theft act 1968
how is robbery defined under section 8 of the theft act 1968
‘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 put any person in fear of being then and there subjected to force’
what is the type of offence and max sentence for robbery?
indictable (discretionary life)
what is the actus reus of robbery?
- theft
- force/putting or seeking to put someone in fear of force (immediately before/at time of theft & done in order to steal)
what is the mens rea for robbery?
- for theft
- intended to use force/threat of force to steal
what must be completed for there to be a robbery?
There must be a completed theft for robbery to have been committed so all the elements of theft have to be present
* Robinson (1977) - D genuinely thought he had a right to take it – S2(1)(a) and therefore was not dishonest so was not liable for theft, no robbery as it requires a completed theft
The moment a theft is completed, if there is force then there is a robbery
- Corcoran v Anderton - theft was complete when D tugged bag out of V’s hands so robbery complete
robinson
Force or threat of force
The prosecution must prove force or the threat of force.
The amount of force can be small
- Dawson and James - up to the jury to decide if there had been force
- Clouden - confirmed dawson (includes wrenching bag from V’s hand)
- P v DPP (snatched cig) - D not guilty of robbery as no force according to the jury
When using a threat of force – V does not actually have to be frightened by D’s actions or words
* B and R v DPP
Force/threat of force can be used on any person. It does not have to be against the victim of the theft
Force immediately before or at the time of the theft
The force MUST be immediately before or at the time of the stealing
- Hale (1979) - said that the theft was ongoing (a continuing act)
- Lockley (1995) - followed decision in Hale, for the purposes of robbery, appropriation is a continuing act
Force in order to steal
Force MUST be used in order to steal
If the force was not used for this purpose, then any later theft will not make it into a robbery.
eg D+V argue, D knocks V out, sees money fall out of pocket and takes it
Mens rea for robbery
- D must have mens rea for theft (dishonest and intent to permanently deprive)
- D must also intend to use force/threat of force to steal (Mohan – definition of intention)
