Robbery Flashcards
What is the legal definition of robbery?.and what section and act
Robbery is defined under S.8(1) of the Theft Act 1968:
•A person is guilty of robbery if they steal and, immediately before or at the time of stealing, use force on any person or put them in fear of being subjected to force in order to steal.
What are the key elements required to prove robbery?
To prove robbery, all of these must be satisfied:
- A completed theft
- Use or threat of force
- Force on any person
- Force used immediately before or at the. time of stealing
- Force used in order to steal
- D’s dishonesty and intention to permanently deprive (mens rea for theft)
- D’s intention to use force to steal
What are all the stages of the actus reus for robbery?
- A completed theft (appropriation, property, belonging to another).
- Use or threat of force (any amount of force is enough)
- Force on any person (does not have to be the theft victim)
. - Force must be immediately before or at the time of stealing
- Force must be used in order to steal
(First stage of The AR )Why must there be a completed theft for robbery? And what case
• Theft is a necessary part of robbery—if theft is not proven, there is no robbery.
• All elements of theft must be satisfied:
• Appropriation
• Property
• Belonging to another
Rv Robinson – No robbery if theft is not proven.
(1)What case shows that even brief appropriation can count as theft?
Corcoran v Anderton – Tugging a handbag was enough for appropriation, even though the bag was dropped.
(Stage 2 of the ar ) What level of force is required for robbery?
-Force does not have to be serious—even minimal force is enough (R V Dawson)
(Stage 2 of the ar ) what 2 ways can force be applied
directly or indirectly
Does the victim need to feel fear for robbery to be proven?And case
•No, it is enough that force was used or threatened.
•The victim does not have to be scared.
Case: B & R v DPP – Victim was not scared, but force was still applied.
(Stage 3 of the ar ) Does force have to be used on the theft victim?
•The force can be used on V, someone with or near to V, or on V’s
property
•However, force must not be used only on property.
Example: In a bank robbery, force could be used on security guards, not just the person being stolen from.
(Stage 4 of the AR) When must force be used in robbery?.s
• Immediately before or at the time of stealing
• If force is used while escaping, the theft may be seen as a continuing act.(r v hale)
(Stage 4 of the AR) Can force used during escape count as robbery?
Yes, force used to escape is still force used to steal.
Case: R v Lockley – Pushing a shopkeeper while escaping was robbery.
(Stage 5 of the ar)What is required for force to be part of robbery? And case
• The force must be used to enable the theft.
• If force is unrelated to the theft, there is no robbery.as in
Case: R v Vinall – Force used but no intention to steal at the time = no robbery.
What are all the stages of the mens rea for robbery?
- Dishonesty (assessed using the Booth test and S.2(1) exceptions)
- Intention to permanently deprive the owner of the property
- Intention to use force to steal (or recklessness in using force to steal)
What is the first element of the Mr needed for robbery?
• The defendant must act dishonestly.
• The S.2(1) exceptions may apply if D genuinely believes:
. • They had a legal right to the property.
• The owner would have consented.
• The owner cannot be found.
(1 mr )What case shows dishonesty depends on D’s belief?
R v Small – D believed the car was abandoned, so he was not dishonest. I
What is the second mental element of robbery?
• D must intend to permanently deprive the owner of the property.
Case: R v Velumyl – Taking money but planning . to return different notes was still theft.
What is the final mental element of robbery? And cases
• D must intend to use force to steal.
• Recklessness is also enough.
Case:
• R v Mohan – Direct intention to use force.
• R v Cunningham – Recklessness in using force
How do you conclude a robbery ILAC answer?
• If all 7 elements are satisfied, D is guilty of robbery.
• If any element is missing, there is no robbery, but theft or assault may apply.
• Robbery is an indictable offence with a maximum life sentence.
