Robbery Flashcards
What is robbery
An offence under S8 of the theft act 1968
- a theft which is aggravated by the use or threat of force
What is the definition for robbery
‘ a person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order 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
What are the 4 actus reus elements for a robbery offence
- (completed) theft
- uses (or threatens to use) force
- immediately before, or at time of stealing
- in order to steal
Outline the first actus reus element (‘theft’) to a robbery offence
- there must be a completed theft for robbery to have been committed
What is the case law for the first element of robbery (completed theft)
R v Mitchell
Outline the second actus reus element (‘uses (or threatens to use) force’) to a robbery offence
Only one of the following two need to be proven for this element to be satisfied:
- D used force on any person
- D put or sought to put any person in fear of being then and there subject to force
What is ‘force’
- RP and Others v DPP
- ‘ any exercise of physical strength against another’
Outline the third actus reus element (‘threat/force must have been used immediately/at time of theft’) to a robbery offence
- as implied
- R v Hale
Outline the fourth actus reus element (‘in order to steal’) to a robbery offence
- this is a question of fact
- the treat of or force must have enabled the theft
What is the case law associated with the fourth actus reus element of robbery (in order to steal)
R v Vinall
What are the two aspects of the men’s Rea for a robbery offence
- intention to steal
- intention to use force/threat of force
Outline the first men’s Rea element of a robbery offence (intention to steal)
- all aspects of a theft must be proven, including the men’s Rea (intention to permanently deprive and dishonesty)
Outline the second men’s Rea element of a robbery offence (intention to use force or threat of force to steal)
- generally, D must demonstrate an intention to use force to steal
- some suggest recklessness may be sufficient
