robbery

Question 1

what section of the theft act 1968 defines robbery

Answer 1

• section 8

Question 2

actus reus of robbery

Answer 2

• completed theft (no theft =. no robbery , waters)
• accompanied by the use or threat of force
• use or threat of force immediately before or at the time of stealing (Corcoran)

Question 3

does the level of force used in robbery need to be substantial

Answer 3

level of force need not to be substantial (dawnson and James)

but must be more than minimal or trivial ( p v dpp)

Question 4

can robbery occur if a bag is snatched while resting on victims lap

Answer 4

• no if no force is used and the bag is merely snatched, it won’t be robbery, as no force is used

Question 5

does victim need to feel actual fear from the threat of force in robbery

Answer 5

• no the victim doesn’t need to feel actual fearr of force (b and r v DPP)

Question 6

what can constitute an implied threat in robbery

Answer 6

sheer numbers and intimidating factors can imply a threat

Question 6

can pick pocketing be considered robbery

Answer 6

• no, as no force is used
• however if force/distraction is applied by one party(Dawson and James), where d1 distracts and d2 steals, it can be robbery

Question 7

must force or the threat of force be used on a person for robbery to occur

Answer 7

• yes , force or threat of force must be on a person

Question 8

what does the term immediate refer to in robbery cases

Answer 8

• no clear definition
• but the longer the period between the threat/use of force and stealing, the less likely its considered immediate

Question 8

is the actus reus of robbery seen as a continuous act

Answer 8

• yes approbation can be seen as continuous, but its up to the jury to decide (hale and Lockley), if appropiation continues may lead to charges of theft and battery, not just robbery

Question 9

-whats the mens rea for robbery

Answer 9

• mens rea of theft

intention to steal and intention or recklessness as to force (Robinson)

Question 10

can a defendant avoid a robbery charge if they honestly believe they have a legal right to the property

Answer 10

• yes, if there’s an honest belief in a legal right to the property, may provide a defence to the theft, as no dishonesty would be involved

Robison

Question 11

when is the offence of robbery committed

Answer 11

• robbery is committed at the time the theft is complete, even if the item is not taken away (Corcoran and Anderton)