Robbery Flashcards
What is robbery as defined under the Theft Act 1968?
Robbery is defined as committing theft but using or threatening force immediately before or at the time of theft.
This definition is found in section 8 of the Theft Act 1968.
What is the mens rea required for robbery?
The mens rea for robbery is the same as theft, with the additional element of having intent or recklessness as to the use or threat of force in order to steal.
Mens rea refers to the mental state or intent of the defendant at the time of the offense.
What must be proven for a charge of robbery regarding theft?
A completed theft must be proven, as robbery is an aggravated form of theft.
There is no requirement that the defendant succeeds in ‘getting away’ with the property, as established in Corcoran v Anderton.
What is the significance of force or threat of force in robbery?
The amount of force used can be small, and it need not be applied directly to the victim but can be applied to the property.
Relevant cases include R v Dawson and James, and R v Clouden.
What does the threat of force entail under section 8?
The defendant must put the victim in fear of force there and then; the victim need not be aware of the threat or be fearful.
The threat of force does not need to be real, as seen in R v Bentham.
Who can be the victim of force or threat of force in a robbery?
The person upon whom the force is used or threatened does not have to be the same person who is stolen from.
In most cases, the person against whom force is used will be the one from whom the theft is committed.
