ROBBERY

Question 1

Where is robbery defined? (1)

Answer 1

Under s8 of the theft act 1968

Question 2

what elements must be provided for the actus reus of robbery? (2)

Answer 2

-theft
-force or putting or seeking to put any person in fear of force

Question 3

what elements must be provided for the mens rea of robbery? (2)

Answer 3

-had the mens rea for theft
-intended to use force to steal

Question 4

what case demonstrates the need for a completion of theft for a robbery to have occurred? (3)

Answer 4

R v Zerei (2012)
R v Waters (2015)
R v Robinson (1977)

Question 5

when does a theft become a robbery? (1)

Answer 5

where force is used to steal then the moment the theft is complete there is a robbery

Question 6

in what cases did the courts decide the moment a robbery occurs? (1)

Answer 6

Corcoran v Anderton (1980)

Question 7

what must the courts prove for a robbery to occur? (1)

Answer 7

the prosecution must prove force or a threat of force

Question 8

in what case did the courts decide that force must be proved? (2)

Answer 8

R v Dawson and James (1976)
R v Clouden (1987)
P v DPP (2012)

Question 9

What is not necessary when it comes to proving force? (1)

Answer 9

it is not necessary that force must be applied, putting the victim ‘in fear of being then and then subjected to force’ is sufficient for robbery. threatening words and and gestures cover this

Question 10

does the victim have to be frightened for a robbery to occur?(1)

Answer 10

robbery can be committed even if the victim is not frightened by the defendants actions or words, if the defendant seeks to put the victim in fear of being then and there subjected to force, this element of robbery is present.

Question 11

what case demonstrates lack of fear in robbery? (1)

Answer 11

B and R v DPP (2007)

Question 12

What is meant by on any person? (1)

Answer 12

this means that the person threatened does not have to be the person from whom the theft occurs.

Question 13

when must the force occur for a robbery to be committed? (1)

Answer 13

the force must be immediately before or at the time of stealing.

Question 14

what problems arise from the time of force? (1)

Answer 14

-how immediate does ‘immediately’ have to be?
-at what point is theft completed, so that the force is not ‘at the time of stealing?’

Question 15

what cases cover when a theft is completed? (2)

Answer 15

R v Hale (1979)
R v Lockley (1995)

Question 16

what must the purpose of the force be? (1)

Answer 16

the force must be in order to steal, so if the force was not used for this purpose then any later then theft will not make it into a robbery

Question 17

what is the mens rea for robbery? (1)

Answer 17

the defendant must have the mens rea for theft, he or she must be dishonest and he or she must intend to permantely deprive the other pf the property.