Robbery Answer Format (AO1) Flashcards
What 1 point should be explained in the Robbery AO1? (Which act)
-State that robbery is a statutory offence (Section 8 Theft Act 1968)
What are the first 5 points of AO1?
-Define
-Must be completed theft
-Element of force
-Timing of force
-Can be robbery if isn’t scared
What are the last 4 points of AO1?
-Threat doesn’t need to be real
-“On any person”
-Force in order to steal
-Mens rea
What should be included in AO1 point 1/9 “Define”
-Definition of a completed theft
-use of threat or force on any person in order to steal and at the time of the theft
What should be included in AO1 point 2/9 “Must be completed theft”
-All AR and MR elements of theft must be present & robbery is completed once theft is complete- (Robinson, Corcoran v Anderton)
What should be included in AO1 point 3/9 “Element of force”
-Could be minor force, the Jury will decide if force is sufficient- (Dawson and James)
What should be included in AO1 point 4/9 “Timing of force”
-Must be before or at the time of the theft, theft can be seen as a continuing event (Hale)
What should be included in AO1 point 5/9 “Can be robbery if not scared”
-Can be a robbery even if the V isn’t scared of the threatened force/use of force (B & R v DPP)
What should be included in AO1 point 6/9 “Doesn’t need to be real”
-Threat of force doesn’t even need to be real (Bentham)
What should be included in AO1 point 7/9 “On any person”
-Force used doesn’t have to be directly against the V, can be against anyone (e.g. hostage in bank robbery)
What should be included in AO1 point 8/9 “Force in order to steal”
-If force is used separately to the theft = not robbery - would be theft + non-fatal offence, e.g. ABH
What should be included in AO1 point 9/9 “Mens rea”
-Mens rea is the intent to steal and intent/recklessness as to using force
