robbery Flashcards
where is robbery defined?
s8 of Theft Act 1968
what is robbery defined as?
using or threatening to use before or at the time of stealing
what are the 5 parts to the actus reus of robbery?
-completed theft
-use or threat of force
-on any person
-immediately before or at the time of the theft
-in order to steal
what is the mens rea ofrobbery?
intention to use/threaten to use force in order to steal
what sections are the elements of theft found in?
-dishonesty s2
-appropriation s3
-property s4
-belonging to another s5
-intention to permanently deprive s6
(-sentening of theft s7)
what is the case that shows dishonesty?
R v Robinson
what does R v Robinson state? what is the section this also falls under?
that is one element of theft is missing, then it cannot be robbery
s2(1)(a)
what is the main case for d using force?
R v Dawson
what is the case for fore being applied via an object?
R v Clouden
what is the case that shows that merely taking something won’t amount to enough force?
RP and others v DPP
what is the case for force being threatened?
B and R v DPP
what section shows that threatened force should be in the near future?
s8
what case shows that threat can be threatened against any person?
Smith v Desmond
what does Smith v Desmond say?
that the threat does not need to be on the victim of the theft
what case shows that the threat should be present before/at the time of the theft?
R v Hale
what is the legal principle from R v Hale?
it can also be a continuing act
what case shows that the force must be used in order to steal?
R v Lockley
what does R v Lockley also say?
that it can be used in order to escape after the theft
what does the mens rea of robbery say?
that d must intend to use force in order to steal
