Robbery Flashcards
Section 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 uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force
Robbery is therefore aggravated theft
Immediately before or after the time
Hale (1979)
Putting a hand over the victims mouth and tying her up, whilst another stole her jewellery
Continuing Act- tieing her up at the time of appropriation
If there is no theft there cannot be a robbery
Robinson
Taking money at knifepoint which was owed to the defendant
Owed money = no theft and no robbery
Anderton
Snatching a bag and then dropping it DOES amount to robbery
Theft occurred at snatching= robbery force at that point
In order to steal
The force must be used in order to steal
If the defendant uses force and then decides to steal these are two separate events
This is the glue between the force or threat of force
Example case = Lockley (1995)
Lockley
Appropriation is a continuing thing
Force was used in order to escape with theft
Use of force
Dawson
Dawson
Balance to steal is sufficient in force nudged, other stole pocket contents
Clouden (1987)
Authority
Touching = not sufficient
On any one person
The person threatened does not have to be the person who suffers the theft
The force can be on any person
Mens rea
The defendant must have the dishonest intention to steal and any intention to use this force on r recklessness
You need an intention to use this force, or at least recklessness, but there is no expressed indication of Mens rea with regard to the force