Robbery Flashcards
What is the definition of robbery according to S.8 THEFT ACT 1968?
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 puts or seeks to put any person in fear of being then and there subjected to force.
What actus reus of theft must be satisfied?
D must have appropriated property belonging to another.
What does CORCORAN v ANDERTON state about the appropriation?
The moment an appropriation is complete there is a robbery; D does not have to escape with the property.
What does DAWSON AND JAMES state about the amount of force?
Where D uses force the amount of force can be small.
According to S.8, D would put any person in fear of force where…
V apprehends that force might be used if she resists in handing over the property. This part of S.8 covers threatening words and gestures.
What does P v DPP state about whom force can be aimed at?
force must be used or threatened on any person.
The person on whom force is used or threatened…
does not have to be the person from whom theft occurs.
What does HALE state?
it is still robbery if force is used or threatened on any person by D1, while D2 steals. For robbery an appropriation can be a continuing act and it should be left to the jury to decide when it has stopped.
It is not robbery if…
D gets V to part with property by threatening to use force in the future.
S.8 states that D must have the mens rea of what?
Theft: at the time he appropriated the property he was acting dishonestly and had the intention to permanently deprive.
When does ROBINSON say a person cannot be guilty of robbery?
if D has not committed theft, even though he uses force to deprive V of the property.
Where D uses force or puts any person in fear of force, they must have intended what?
To use or threaten force on any person in order to steal. If D punches V in a fight
B AND R v DPP: where D only seeks to put any person in fear of force in order to steal, then the prosecution must show what?
That it was Ds intention to cause V to apprehend that force might be used in order to steal. There is no need for V to be in fear nor to actually apprehend force.
