Robbery

Question 1

Define robbery

Answer 1

Under s8 (1) of the Theft Act 1968, ‘a person is guilty of robbery if he steals, and immediately before or at the time of doing so, and to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force’.

Question 2

Outline the sentence for robbery

Answer 2

Under s8 (2), ‘a person guilty of robbery, or of an assault with intent to rob, shall on conviction be liable to imprisonment for life / indictable offence’.
It is an offence of specific intent - the defendant must intend to commit robbery & the prosecution must prove their intention.

Question 3

Outline the requirements for robbery

Answer 3

Use of force / threat of it
Appropriation
Property
Belonging to Another
Intent to Permanently Deprive
Vindall [2011] exemplifying use of force

Question 4

Outline the actus reus for robbery

Answer 4

The defendant steals and immediately before, or at the time of doing so, and to do so, uses force on the victim / puts the victim in fear of being subjected to force

Question 5

Outline the men’s rea for robbery

Answer 5

Same as theft
Review the theft flashcards!!!!

Question 6

TRUE OR FALSE? There’s no need to have a theft to prove a robbery?

Answer 6

False
Without theft, there’ll be no robbery just common assault (or maybe attempted theft)
R v Robinson [1977] exemplifies the idea of no theft

Question 7

How much force is needed to prove a robbery?

Answer 7

Legislation doesn’t state how much force is needed
Question of fact for the jury, e.g R v Dawson & James [1977]

Question 8

When should the force occur?

Answer 8

The jury must be satisfied that the force comes before or immediately after the theft, e.g R v Hale [1978]
If force is present after the theft, it is a question of fact for the jury to determine whether the force was used ‘in order to steal’.
Requires immediacy, e.g R v Bentham [2005]

Question 9

TRUE OR FALSE? The defendant needs to fear force to apprehend it?

Answer 9

False
‘It is the intention of the perpetrator rather than the fortitude of the victim’.
DPP v R [2007]

Question 10

TRUE OR FALSE? The force must be directed at the person the defendant was stealing from

Answer 10

False
The force can be directed at any person, not just the property owner.
It is also not enough to make someone fear that they’ll be subjected to force, e.g Taylor [1996]