Robbery Flashcards
Robbery - How to Apply
You start as if the question is a Theft and then add Robbery onto the end. This is the simplest and
most effective method of picking up marks in your exam. So firstly go through the actus reus and
mens rea of Theft
then add in the Robbery elemenst
ROBBERY
I - The D will also be liable for robbery
D- Section 8 Theft Act 1968 defines robbery as “where the D steals
and immediately before or at
the time
and in order to do so
ACTUS REUS:
E- Stage 1- the D must have committed a Theft (Robinson).
APPLY using this phrase “This has already been established above”. Remember
you start with the
Theft and then explain and apply the actus reus and mens rea of Theft.
E- Stage 2- The D must use force or the threat of force
Dawson- Any amount of force is enough.
SIDE RULES:
Indirect force- Force can even be applied to the V’s clothing/ bag (Clouden).
Threats of force- Even if the D doesn’t feel fear
this is enough (B & R v DPP)
APPLY to the scenario
E- Stage 3- Force must be used immediately before
or at the time of the theft (Hale) -
Appropriation is a continuing act so as long as force takes place “at some point”
this is enough.
APPLY to the scenario
E- Stage 4- Force must be used in order to steal (Lockley)
APPLY to the scenario
MENS REA: