Robbery

Question 1

What act

Answer 1

s8(1) of the theft act 1968

Question 2

Definition

Answer 2

D steals and immediately uses force on any person or threat of force to put any person in fear of force then and there

Question 3

D must commit theft

Answer 3

(Robinson)

Question 4

Force or threat of force

Answer 4

It’s up to the jury to decide, very little force is needed (Dawson & James). Not enough force (RP & Others).
D must seek to put the V in fear; V need not actually be put in fear (Bentham)

Question 5

On any person

Answer 5

The force can be used on V, someone with or near to V, or on V’s property (Clouden).

Question 6

Immediately before or at the time of stealing

Answer 6

If the force is used after the theft, the jury may decide that the appropriation continues until the force arrives, so that the force is interpreted as being ‘at the time of stealing’ (Hale).

Question 7

In order to steal: the force/ threat of force must be used in order to steal.

Answer 7

Force that is nothing to do with the theft does not amount to robbery (R v James).

Question 8

MR for theft (Robinson).

Answer 8

• S2(1) D is not dishonest of he believes: he has a legal right to the property/ owner would consent to appropriation/ owner cannot be discovered by taking reasonable steps (Holden). AND
• Test: Barton and Booth Was the D’s actual state of knowledge or belied as to the facts AND Was his conduct dishonest by the standard of ordinary people? AND
S6 (1) Intention to permanently deprive: intention to treat the property as his own, to dispose of regardless of the owner’s rights (DPP v Lavender).

Question 9

MR for threat/ use of force

Answer 9

Intention (mohan)
Recklessness (Cunningham)

Question 10

5 part test

Answer 10

1 D must commit theft
2 Force or threat of force
3 on any person
4 immediately before or at time of stealing
5 in order to steal