Robbery Flashcards
Actus reus and mens rea
AR Appropriation Of property Belonging to another Use of threat of force immediately before or at the time of the stealing
MR
dishonesty
Intention to permanently deprive
Intent or subjective recklessness about the use of force or putting V in fear of force
Force
D must use force or seek to put V in fear of force
Only minimal force is required
R v Dawson & James - one of D’s nudged V in the back so that he lost his balance and the other D took his wallet
R v Clouden - D wrenched a shopping bag from vs hand - this was sufficient to amount to force
The force must be at the time or immediately before. R v Hale - D’s forced their way into Vs house, one stole items upstairs whilst the other used force to tie up V. The theft was a continuing act
The force must be used in order to steal
The force may be directed at any person
However there must be a point where the theft is complete - a thief runs out a shop and 100m away pushes a person over, this would be assault + theft
Appropriation
The moment the theft is complete with the required force, there is a robbery, even if it is unsuccessful
Cocoran v Anderton - one D pulled Vs handbag, D’s ran off empty handed. As they grabbed the bag, they appropriated it