Robbery

Question 1

Which section of the Theft Act covers robbery

Answer 1

Section 8

Question 2

What is the actus reus of robbery ?

Answer 2

Theft

And

Force or putting or seeking to put any person in fear of force

Question 3

Give the mens rea of Robbery

Answer 3

Mens rea of theft

And

Intention to use force to steal

Question 4

Give the facts and decision of Robinson

Answer 4

D forcibly took £5 from V that he was owed

There was no theft because D honestly thought he had a right to the money

Question 5

Give the facts and decision of Zerei

Answer 5

D assaulted C and drove off in his car which he abandoned half an hour later

There was no theft because D had no intention to permanently deprive

Question 6

Give the facts and decision of Corcoran v Anderton

Answer 6

D’s hit a woman in the back and tugged at her bag, she let go of it and attracted attention so D’s left without it

The elements of both theft and robbery were satisfied so D’s were liable

Question 7

Where is the burden of proof in proving force or threat of force

Answer 7

The prosecution

Question 8

How great does the force need to be?

Answer 8

It can be minimal

Question 9

Give the facts and decision of Dawson and James

Answer 9

D’s pushes V who lost his balance then D’s took his wallet

This amount of force was sufficient

Question 10

What did the court of appeal say in Dawson and James

Answer 10

That force is an ordinary word and the jury will decide if there has been force

Question 11

Give the facts and decision of Clouden

Answer 11

D wrenched a shopping basket from V’s hand

The force used can be minimal, the jury will decide if it’s sufficient

Question 12

Give the facts and decision of P v DPP

Answer 12

D snatched a cigarette from V’s hand

The force was not sufficient, if V feared force from D it could have been robbery

Question 13

Give the facts and decision of B and R v DPP

Answer 13

V was stopped by bullies who pushed him and took items from him

This was robbery, if force is used there is no need for V to be fearful

Question 14

What does the ‘on any person’ aspect of robbery mean?

Answer 14

The person threatened does not have to be the person to whom the theft occurs

Question 15

Give the facts and decision of Hale

Answer 15

D’s our a hand over V’s mouth while D took a jewellery box then tied up V

They said the theft was still ongoing when they tied up V so there was a robbery

Question 16

Give the facts and decision of Lockley

Answer 16

D was caught shoplifting and used force on a shopkeeper who tried to stop him from escaping

The court followed Hale and said the theft was not complete when he used the force

Question 17

Define force in order to steal

Answer 17

The force you use on a person must be in order to steal something from them

Question 18

Give the mens rea of robbery

Answer 18

Mens rea of theft must be established and he must also use force with intention to steal