Robbery

Question 1

What section of the Theft Act 1968 deals with Robbery and what does it say is the definition?

Answer 1

Section 8

‘a person is guilty of robbery if he steals and immediately before, or at the time, uses force or the threat of force in order to steal’

Question 2

What is ‘stealing’? Where is this defined

Answer 2

Defined in S1 of the Theft Act 1968 to dishonestly appropriate property belonging to another with the intention to permanently deprive the other of it’

Question 3

What sort of an offence is robbery, where is it sentenced and what is the maximum sentence someone can recieve for robbery?

Answer 3

1) Indictable
2) Crown Court
3) Life Imprisonment

Question 4

describe what must be ensured before robbery can be considered?

Answer 4

Must ensure what happened is a ‘complete theft’ meaning it fulfills all the elements of theft.

For instance R vs Robinson would not fulfill the elements of theft as there was no element of dishonestly

Question 5

What are the 4 elements of AR of robbery?
What is the one element of MR of robbery?

Answer 5

AR:
Force or threat of force
Force applied immediately before or at the time of the stealing
Force used in order to steal

MR:
Purposely used force

Question 6

describe the first element of the AR of robbery?

Answer 6

Ensures there is either force or a threat of force

There does not need to be much force as seen in Dawson and James where just nudging counted.

The force does not need to be directed at the victim, may be their property as held in R vs Clouden where the bag was wrenched

Question 7

describe the second element of the AR of robbery?

Answer 7

This element looks at if the force was used either immediately before or at the time of the threat.

R vs Dawson and James - immediately before theft

R vs Clouden - At the time of the theft

R vs Hale - AFTER - still held to be robbery as jury deemed it a continuing act

Question 8

describe the third element of the AR of robbery?

Answer 8

The force must have been used in order to steal
R vs Vinall
(used force and theft was an afterthought)

Question 9

What the element of MR required in robbery

Answer 9

Must prove there is intention to use force - R vs Mohan (direct intent)

in order to get to this point the mens rea of theft must have already been fulfilled meaning we know they dishonestly tried to permanently deprive

Question 10

What are all the key case laws needed for Robbery

Answer 10

R vs Dawson and James
R vs Clouden
R vs Hale
R vs Vinall