robbery

Question 1

robbery
(S8 TA 1968)

Answer 1

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, uses force on any person or puts or seeks to put any person in fear of being then and there subjecteed to force

Question 2

briefly explain theft as part of the actus reus of robbery (include names of cases to help reference the parts)
AO1

Answer 2

• there must be a completed theft for a robbery to have been committed (all elements of theft have to be present) e.g.* R v Waters and R v Robinson*
• if it is not completed there will be an attempted theft and D doesn’t have to succesfully make off with item. E.g. *Corcoran v Anderton *

Question 3

briefly explain using force, or putting or seeking to put any person in fear of force as part of the actus reus of robbery (include names of cases to help reference the parts)
AO1

Answer 3

• there is no definition of force in TA, it is up to jury to decide if it actions amount to force
• force can be very minor: R v Dawson & James
• the force can be applied indirectly: R v Clouden
• V doesn’t have to be frightned, D has to seek to put V in fear:* B and R v DPP*
• force on any person near to or with V, or on V
• force must be used immediately before or at time of stealing: R v Hale, R v Lockely
• force must be used in order to seal

Question 4

briefly explain the mens rea elements of robbery
AO1

Answer 4

D must have the mens rea of theft, being dishonest and having intention to permanently deprive
Also must have have the intention to use force to steal