Robbery Flashcards
What is robbery defined as under the Theft Act 1968?
D may be liable for robbery, defined in Section 8 of the Theft Act 1968 as stealing, and immediately before or at the time of stealing, and in order to steal, using force or threatening force.
What is the ACTUS REUS of robbery?
The ACTUS REUS is theft, plus the use or threat of force, at the time of stealing, and in order to steal.
What constitutes theft under Section 1 of the Theft Act?
Theft is the dishonest appropriation of property belonging to another.
What is appropriation in the context of robbery?
Appropriation occurs when there is an assumption of another’s rights over property, such as taking someone’s purse.
What is the definition of property under Section 4?
Property is defined as tangible personal property, such as a purse.
What does Section 5 state regarding property ownership?
Property must belong to another, meaning the victim had possession or control of it.
Can appropriation occur if the property is left behind?
Yes, appropriation can occur even if the property is left behind.
What must occur for there to be a completed theft?
There must be a completed theft, which can occur even if the theft is not from the owner of the property.
What constitutes the use or threat of force in robbery?
Force can be small and need not involve direct contact, but must be more than trivial.
What is required for the threat of force in robbery?
The threat of force can be against any person and must be threatened to be used ‘then and there’.
What must occur immediately before or at the time of stealing in robbery?
The use or threat of force must be immediately before or at the time of the stealing, including a ‘continuing act’.
Example: The force was used at the time of the stealing, when D pushed V over whilst he took her purse.
What is required for the use or threat of force in robbery?
The use or threat of force must be used in order to steal.
Example: The force was used in order to steal, when D pushed V over whilst he took her purse, which was necessary to complete the theft.
What is the MENS REA for robbery?
The MENS REA is the mens rea of theft plus an intention to use or threaten force.
What is the mens rea of theft under S.2?
D must be DISHONEST. The 2-stage test from Ivey v Genting Casinos is used.
What are the two stages of the dishonesty test?
Firstly, the jury must decide D’s actual knowledge or belief as to the facts (subjective test). Secondly, they must decide if D’s behavior would be regarded as dishonest by a reasonable person (objective test).
What example illustrates dishonesty in theft?
D knew the purse wasn’t his, and a reasonable person would view D’s actions as dishonest.
Example: D knew he was taking a purse which was not his, and a reasonable person would never grab a purse that is not theirs.
What can affect D’s guilt in robbery?
D may not be guilty of robbery if he had an honest belief that he was entitled to the money.
What constitutes intent to permanently deprive under S.6?
There is an intent to permanently deprive by disposing of or treating the property as his own.
Example: D ran away with the purse.
How is specific/direct intention to use force defined?
It is defined as deciding to bring about a consequence, such as deliberately pushing V over or waving a knife in a threatening way.
What is the conclusion regarding D’s guilt in robbery?
D will be guilty of robbery.
