Robbery (P1) Flashcards
What is the definition of Robbery?
The Theft Act 1968, Section 8, 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 subjected to force.
What is the AR of Robbery?
The same as theft, appropriation of property belonging to another, plus force or threat of force (on any person and immediately before or at the time of stealing).
What is the MR of robbery?
The same as theft:
1. Dishonesty
2. Intention to permanently deprive
3.Intentional or reckless application of force
Can there be a robbery without theft?
No, R v Waters
How is force against the person established?
Case law suggests that this can be minimal and it is a matter for the jury to decide. In R v Dawson and James a nudge was sufficient, in R v Coulden force directed at a handbag was sufficient
What is the final element for force to be established?
Force must be used immediately before or at the time of the theft and in order to commit the theft. The courts can regard this as a continuing act as in R v Hale and R v Lockley.
What is the additional MR ?
Whether the robbery was used in order to steal.
Does the force have to be applied to the same person who is having something stolen?
No
Does the force have to be linked with the robbery?
Yes, if the threat/force is separate from the theft, they will be treated as two different crimes rather than robbery.
