Robbery

Question 1

Act

Answer 1

S8(1) the theft act 1968

Question 2

Definition

Answer 2

D steals, and immediately before or at the time of doing so, and in order to do so, uses force on any person or seeks to put any person in fear of being then and there subjected to force

Question 3

D must…

Answer 3

D must commit theft (Robinson)

Question 4

Force or threat of force

Answer 4

Force is an ordinary word, up to the jury to decide, very little force is needed (dawson & James). Not enough force (RP&others). D must seek to put V in fear; V need not actually be put in fear (Bentham)

Question 5

On any person

Answer 5

The force can be used on V, someone with or near to V, or on Vs property (clouded)

Question 6

Immediately before or at the time of stealing

Answer 6

If the force is used after the theft, the jury may decide that the appropriation continues until the force arrives, so that the force is interpreted as being at the time of stealing (hale)

Question 7

In order to steal/ threat of force must be used in order to steal

Answer 7

Force that is nothing to do with thr theft does not amount to robbery (R v James)

Question 8

MR for theft: dishonest

Answer 8

S2(1) D is not dishonest if he believes (a) he has a legal right to the property, (b) owner would consent to appropriation, (c) owner cannot be discovered by taking reasonable steps (Holden). Test (Barton and booth) (a) was the Ds actual state of knowledge or belief to the facts, (b) was his conduct dishonest by the standard of ordinary people

Question 9

MR for theft: intention to permanently deprive

Answer 9

S6(1) intention to treat the property as his own, to dispose of regardless of the owners rights (DPP v lavender)

Question 10

MR for theft /use of force

Answer 10

Intention (Mohan)
Recklessness (Cunningham)