Robbery Flashcards
Where and how is robbery defined
S.8 theft act 1968
“A person is guilty of robbery if he steals and immediately before it at the time of doing so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force
What is the 4 part test for robbery
- Steals
- Immediately before or at the time of stealing
- Use force or threat of force on any person
- Use/threat force in order to steal
D must steal
There must be a complete theft but need not be successful
R v Robinson
Timing of the force
Force can be a continuing act
Immediately before or at the time of the theft
Cases for timing of the force
Hale
Lockley
Use of force or threat of force
The force must be used on a person
Case : DPP v P
Use/ threat of force in order to steal
The force must be in order for the theft to take place
Cases for force in order to steal
Dawson and James
Bentham
B and R v DPP
Mens rea of robbery
- The defendant must have the mens rea for theft(ivey v genting and then Barton and Booth v R) and;
- The force used was with the intention to steal or the D was reckless as to the force