Robbery Flashcards
Skivington
Without a theft there can be no robbery
How much force is required for robbery?
Dawson – the force need not be substantial
Hale - the force has to be significant in that it modifies V’s movement/freedom of movement
P and others – it was suggested that the degree of force must be one which would potentially be painful if V sought to resist it
Clouden
Force against property causing force to be applied to the person is sufficient
R v DPP
D need NOT seek to frighten V and V need NOT be frightened
What is the circumstance element of robbery and how is it satisfied?
Force must be used immediately before or after the theft. Gomez and Atakpu suggest once the interference with the property coincides with the mens rea the theft is immediately complete, which may create problems where force is used after this.
Hale suggests appropriation is to be regarded as a continuing act the cessation of which is a matter of fact for the jury.
What is the mens rea of robbery?
D must intend to use force IN ORDER to steal (Bruce)