Robbery

Question 1

Introduction

Answer 1

S8 Theft Act 1968.

1) Theft - Appropriating property belonging to another.

2) Force or seeking to put any person in fear of force, before or at the time of stealing and in order to steal.

Question 2

R v Waters?

Answer 2

There must be a completed theft for a robbery to have been committed, if not completed theft then not robbery.

Question 3

Robbery Actus Reus - Force: Definition?

Answer 3

Force is not defined in S8 of the theft act, Force is an ordinary word - left to jury to decide whether D used force to steal.

Question 4

Robbery Actus Reus - Force: Nudge?

Answer 4

Dawson v James - Said force need not be substantial, a mere nudge is sufficient.

Question 5

Robbery Actus Reus - Force: Indirect Force?

Answer 5

R v Clouden - Indirect force (force not on the victim) could amount to force - snatching a handbag.

Question 6

Robbery Actus Reus - Force: Trivial?

Answer 6

P v DPP - If the force is too trivial it will not amount to force and the defendant would not be guilty of robbery, e.g. pickpocketing.

Question 7

Robbery Actus Reus - Threat of Force?

Answer 7

B&R v DPP - There is no need to show that the victim felt threatened only that there is an implied threat of force.

Or any person - the person threatened does not need to be the person stolen from.

Question 8

Robbery Actus Reus - Before or at the time of stealing: Appropriation and continuing act?

Answer 8

Hale - Appropriation in robbery is a continuing act. So force can be used in any part of the robbery because the theft is not over instantly.

Question 9

Robbery Actus Reus - Force must be used to steal?

Answer 9

R v Lockley.

Question 10

Mens Rea -

Answer 10

Intention to use force to steal.