Robbery Flashcards
S8(1) Theft Act 1968 defines robbery as?
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, uses force on any person it seeks to put any person in fear of being then and there subjected to force.
What are the 5 actus reus elements of robbery?
1 Completed theft
2 Force or threat of force
3 On any person
4 Immediately before or at the time of stealing
5 In order to steal
What are the 2 mens rea elements of robbery?
1 MR for theft (dishonesty, intention to permanently deprive)
2 Intention or recklessness to use the force to steal
What is meant by completed theft?
AR of theft has to be applied - appropriation, property, belonging to another
R v Robinson
Honestly believed he was entitled to the money so conviction quashed as no MR for theft
Corcoran v Anderton
Touching property is sufficient to amount to an appropriation
What is meant by force/threat of force?
Not defined in statute - putting or tying to put person in fear of force (determined by jury)
B and R v DPP
Not necessary for V to feel fear - can still be robbery
R v Dawson & James
Very little force required
What is meant by on any person?
Force can be used on V, someone with or near to V, or on V’s property
Cases for immediately before or at the time of stealing?
R v Hale and R v Lockley
R v Hale
Where D is escaping and uses force, this may be after stealing but still considered robbery as a continuing act
R v Lockley
Force used in order to escape will be viewed as force used to steal
What is meant by in order to steal?
Use of/threat of force must have enabled act of theft (must’ve been used to steal)
R v Vinall
Force that has nothing to do with theft cannot lead to a charge of robbery
D must’ve acted dishonestly - consider s2(1) exceptions?
They have legal right to property
V has consented
Owner cannot be reasonably found
If no s2(1) exceptions apply, booth test applies?
What was D’s actual knowledge/belief as to the facts?
D acted dishonestly by standards of reasonable, ordinary person?
Intention to permanently deprive case?
Velumyl
Intention to use force to steal or recklessness resulting in use of force to steal cases?
Intention - Mohan
Recklessness - Cunningham
