Robbery Flashcards
Where is robbery contained
S8 theft act
How is robbery different from theft
It’s an aggravated form of theft
What are the 2 AR elements that need to be proven for robbery
- Completed theft
- Force or putting/seeking to put any person in fear of being subject to force (threat of force)
What are the 2 MR elements that need to be proven for robbery
- MR of theft
- Intention to use force/threat of force to steal
For the completed theft element what needs to be proven and what case is used
All 3 AR elements of theft (Corcoran v Anderton)
For force, how much needs to be proven
Minimal force
What case is used to describe force and what is said
RP + ORS V DPP- force is an exercise of physical strength against another
Does the D have to be successful in making the V fearful of force
No
What does the phrase any person suggest about threat of force
It doesn’t have to be aimed at the V whose property is being appropriated
What 2 criteria must be satisfied for threat of force
- Threat/force was used in order to steal
- Threat/force was used immediately before or at the time of the theft
What does the case of Hale say about force
Force used when escaping will be equal to force used at time of theft
What needs to be proven for the MR of theft
Both MR elements of theft need to be proven
What type of intent can the D have for robbery
Direct or indirect
Can robbery be committed recklessly
No