Robbery

Question 1

AR: a completed theft

Answer 1

All the elements of theft must be proven, AR and MR.
No theft = no robbery.

Question 2

AR: uses or threatens to use force

Answer 2

● Has D actually harmed V or any other person?
● Has D used force to try and take something from V, even though they don’t actually touch V?
● Is V aware force is being used? If not, then D not guilty
● Up to jury to decide if what did D was ‘force’ or not
● Has D threatened V or someone else? (Assault)
● It does not matter if no one ACTUALLY feels threatened, the question is: Did D
threaten to use force?

Question 3

AR: immediately before or after stealing

Answer 3

Question for the jury to decide:
Force must be used/threatened “during the course of the act of stealing”
Consider how long the gap is between the theft and the use of the force.

Question 4

AR: The use/threat of force was in order to steal

Answer 4

● If D used force for ANY OTHER REASON then it will not be robbery
● Look out for opportunistic thefts - where D takes something they spot by chance after using force on someone (this would not count as robbery, and will probably be used to trick students in the exam).

Question 5

MR: intention to steal

Answer 5

Apply the the MR for theft:
● Do any of the exceptions to dishonesty set out in the Act apply?
○ D believed he had a legal right to the property
○ D believed the owner could not be found
○ D believed the owner would consent
● If no, was D OBJECTIVELY dishonest?
● If yes, did D intend to permanently
deprive V of the property? -

Question 6

MR: intention to use force

Answer 6

Apply the usual rules of intention:
- Is there evidence that D had direct intent to use force, that it was his main aim or purpose?
- Or is there evidence that D had indirectly intended to use/threaten force?