robbery Flashcards
robbery
defined in the theft act 1968 sc8
definition- 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 seeks to put any person in fear of being then and there subjected to force
2 elements
d committed a theft
d used or threatened dorce at the time of the theft
AR for robbery
criteria 1- Theft
AR and MR for theft- vinall
AR robbery
criteria 2- uses force on any person
the d must have used or threatened to use force on a person
Dawson- a nudge is sufficient
Clouden- applying force through an object may be sufficient (grabbing handbag)
AR robbery
criteria 3- or seeks to put any person in fear of being subjected to force
a threat to use force may be sufficient for robbery and it does not need to be proven that the victim was frightened by the force
B and R v DPP
AR robbery
criteria 4- immediately before or at the time of the theft
the force or threat of force must occur immediately before or at the time the theft occcurred
AR robbery
criteria 5- in order to steal
the force or threat of force must be used in order to steal from the victim
MR for robbery
not explicitely stated in the act
but he force must be used in order to steal
therefore if an accidental force was used while stealing the d would not have committed robbery
vinall