Robbery Flashcards
What is the maximum sentence for robbery under S.8 Theft Act 1968?
Life
Robbery is classified as an indictable offence.
What defines a person as guilty of robbery?
A person is guilty if he steals and uses force or puts someone in fear of force
This must occur immediately before or at the time of theft.
What is the actus reus of robbery?
Completed theft
All elements of actus reus of theft must be satisfied.
In Corcoran v Anderton, why were the defendants convicted of robbery?
The force used to appropriate the property
The defendant tugged at the victim’s handbag.
What should be considered separately in an exam when analyzing robbery?
Theft (AR + MR) separately, then add additional elements for robbery
AR = Actus Reus, MR = Mens Rea.
What are the two forms of force related to robbery?
Force or puts/seeks to put any person in fear of being subjected to force
Only one of these needs to be proved.
What is the standard for proving the amount of force in robbery?
The amount of force must be minimal
This is a matter for the jury, as seen in R v Dawson and James.
In Clouden, what was determined about force used on property?
Force on a basket was equivalent to direct force on the victim
The property was wrenched from her hand.
Does the defendant need to be successful in putting the victim in fear for robbery?
No, it is enough that they seek to put the victim in fear
The threat does not need to be aimed at the victim from whom property is taken.
What was held in B and R v DPP regarding the necessity of proving the victim was scared?
It is not necessary to prove the victim was scared
An implied threat of force suffices, and only minimal force needs to be proved.
What are the two criteria the threat/force must satisfy in robbery?
- Used immediately before or at the time of theft
- Used in order to steal
What did Lockley establish regarding force used when escaping?
Force used when escaping can be regarded as force used at the time of theft
This is related to the principle of continuing acts in respect of appropriation.
What must be established for the mens rea of theft?
Both dishonestly and intention to permanently deprive
This is crucial for a robbery charge.
What is required for the intention to use force or threat of force in robbery?
The intent can be direct or indirect
It cannot be committed recklessly.
