Robbery (AO1)

Question 1

Robbery is defined under…

Answer 1

Section 8 of the Theft Act 1968

Question 2

What is the definition of Robbery?

Answer 2

“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”

Question 3

Robbery is a theft which is aggravated by the…

Answer 3

Use or threat of force

Question 4

What are the 4 elements that must be proven for robbery?

Answer 4

-Completed theft
-Use of force or putting, or seeking to put, any person in fear of force (immediately before or at time of theft)
-Mens rea for theft
-Intent or subjective recklessness as to the use of force to steal

Question 5

For a robbery to have been committed, there must have been a completed theft. What are the elements of theft?

Answer 5

-Appropriation
-Property
-Belonging to another
-dishonesty
-intention to permanently deprive

Question 6

How many elements of theft are required for a robbery?

Answer 6

If any elements of theft are missing then there can be no robbery

Question 7

What was the decision in case: Robinson (1977)

Answer 7

The defendants robbery conviction was quashed as the defendant had an honest belief that he was entitled to the money

Question 8

Prosecution has to prove that there was use of force or threat of force, what level of force suffices?

Answer 8

The amount of force used can be small

Question 9

What was the decision in case: Dawson and James (1976)

Answer 9

The CofA upheld the conviction stating that force was an ordinary word and it is for the Jury to decide if there has been force

Question 10

Can a robbery be committed even if the victim is not frightened?

Answer 10

Yes, as seen in B and R v DPP (2007)

Question 11

What was the decision in case: B and R v DPP (2007)

Answer 11

The conviction was upheld as there was no need to show the victim was scared under the theft act

Question 12

Does the threat of force need to be real in order to secure a robbery conviction?

Answer 12

No, as seen in R v Bentham (2005)

Question 13

What was the decision in: R v Bentham (2005)

Answer 13

The defendant intended to cause fear through his actions and it is irrelevant as to whether the threat is a real one or not

Question 14

What does the phrase “On any person” in s8 of the 1968 act signify?

Answer 14

Threat doesn’t have to be towards the person who’s property is being stolen, for example an armed robbery where someone is taken hostage

Question 15

What problem arises from the fact “force must be used immediately before or at the time of stealing”?

Answer 15

It has to be defined what constitutes “immediately before”, and has to be decided at which point the theft is completed

Question 16

What was the decision in case: Hale

Answer 16

The CofA upheld the robbery convictions as theft was seen as a continuing act so the force was used at the time of the theft in order to steal

Question 17

What was the decision in Lockley (1995)

Answer 17

The CofA followed the decision in Hale and upheld his robbery conviction, the theft was a continuing act so the force was used at the time of stealing and in order to steal

Question 18

What would the crime be if force was after the theft had been completed?

Answer 18

A theft and a non-fatal offence

Question 19

What is the mens rea of Robbery?

Answer 19

The same as the mens rea of theft and the intention or subjective recklessness as to using force, or the threat of force, in order to steal

Question 20

For what purpose must the force used be?

Answer 20

In order to steal, if force was used not for this purpose then any later theft won’t be a property.

Question 21

What are the definitions for intention and recklessness as to using force?

Answer 21

Intention- 100% aim and desire to use the force
Recklessness- Defendant willingly takes risk

Question 22

Put simply, robbery=…

Answer 22

Theft + Force

Question 23

What did case: Robinson (1977) show?

Answer 23

That the D couldn’t be liable for robbery because he didn’t have the element of dishonesty. (Needs all elements of theft)

Question 24

What would happen if the D used force against the bag he stole?

Answer 24

Using force on the bag is arguably the same as using force on the victim