Robbery Flashcards

1
Q

Robbery - How to Apply

A
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2
Q

You start as if the question is a Theft and then add Robbery onto the end. This is the simplest and

A
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3
Q

most effective method of picking up marks in your exam. So firstly go through the actus reus and

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4
Q

mens rea of Theft

A

then add in the Robbery elemenst

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5
Q

ROBBERY

A
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6
Q

I - The D will also be liable for robbery

A
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7
Q

D- Section 8 Theft Act 1968 defines robbery as “where the D steals

A

and immediately before or at

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8
Q

the time

A

and in order to do so

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9
Q

ACTUS REUS:

A
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10
Q

E- Stage 1- the D must have committed a Theft (Robinson).

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11
Q

APPLY using this phrase “This has already been established above”. Remember

A

you start with the

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12
Q

Theft and then explain and apply the actus reus and mens rea of Theft.

A
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13
Q

E- Stage 2- The D must use force or the threat of force

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14
Q

Dawson- Any amount of force is enough.

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15
Q

SIDE RULES:

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16
Q

Indirect force- Force can even be applied to the V’s clothing/ bag (Clouden).

17
Q

Threats of force- Even if the D doesn’t feel fear

A

this is enough (B & R v DPP)

18
Q

APPLY to the scenario

19
Q

E- Stage 3- Force must be used immediately before

A

or at the time of the theft (Hale) -

20
Q

Appropriation is a continuing act so as long as force takes place “at some point”

A

this is enough.

21
Q

APPLY to the scenario

22
Q

E- Stage 4- Force must be used in order to steal (Lockley)

23
Q

APPLY to the scenario

24
Q

MENS REA:

25
E- Firstly
the mens rea of theft must be established- dishonesty
26
deprive.
27
APPLY using this phrase: "This has already been established above".
28
E- The mens rea of robbery is the intention to use force or the threat of force (Mohan)
29
APPLY to the scenario