Robbery

Question 1

What statute is robbery wrote up into?

Answer 1

Section 8(1) Theft act 1968

Question 2

Whats the AR

Answer 2

AR of Theft + Force or putting someone in the fear of force

Question 3

What was stated in R v Robinson

Answer 3

There must be a completed theft

Question 4

What amounts to approapriation

Answer 4

Cororan v Anderson = Forcible tugging of a bag amounts to appropriation

Question 5

What amounts to Force or threat of force?

3 cases

Answer 5

R v Dawson and james = Force can be as little as a ‘nudge’
R v Clouden = Force used on a shopping basket equals forced used on a person
R v DPP = Snatching a cigarette from someones hand without direct intent did NOT amount to force used on a person

Question 6

What amounts to Force must be used to steal?

Leading case

Answer 6

R v Hale = force used to tie up V before fleeing, force used in order to steal - appropriation continuing act. JURY decides when appropriation incomplete.

Question 7

What amount to Force does not have to be applied?

Answer 7

Putting V in fear of being subjected to force = Robbery. includes threatening language or gestures.
B and R v DPP = No need to show the V felt threatened

Question 8

Whats the mens rea?

Answer 8

MR for theft, Dishonest intention.

Question 9

Whats the test for dishonesty?

Answer 9

Ghosh test, 2 part test:

1. Was the action dishonest according to the standard of reasonable honest people
2. Did D realise what he was doing was dishonest by those standards

Question 10

What are the 2 things that D must intend?

Answer 10

D must intend to permanently deprive the other of the property
D must intend to use force in order to steal